Managing Employee Injuries and Disability and Occupational Safety

For injuries after January 1, 2013 all disputes regarding medical treatment will be determined administratively by Independent Medical Reviews, not by QMEs or AMEs.

3. S TATUTE OF L IMITATIONS The statute of limitations is one year from the date of injury when no benefits have been furnished; or when benefits have been furnished, five years from the date of injury. The statute of limitations may be tolled if an employer, on notice of an injury, fails to provide an employee with written notice of his rights to workers’ compensation benefits. 48 For injuries occurring on or after January 1, 1990, the statute of limitations is also tolled when the employee submits a written claim to his employer. Labor Code Section 5401.

B. WCAB P ROCEEDINGS

1. C OMMENCEMENT OF WCAB P ROCEEDINGS Proceedings before the Workers’ Compensation Appeals Board are initiated by an application in writing, filed by any party in interest. Labor Code Sections 5500, 5501. The employee may pursue the claim against the employer, the insurer, or both. The employer is relieved of liability and the insurer substituted when the insurer or employer provides notice that the insurer has assumed liability. Labor Code Sections 3600, 3700, 3753, 3755. a. Application The application must be in writing, conform to the WCAB rules of practice, and simply and clearly delineate all relevant matters of agreement and all issues of disagreement. Labor Code Section 5500. The Appeals Board provides printed application forms. WCAB Rule 10412. b. Answer An answer must be filed within 10 days after service of the application. The answer must be in writing and must set forth the particulars of any objections as well as the facts upon which the defendant intends to rely in the hearing. The answer must be served upon opposing parties. Consolidation of Claims, Parties All claims for medical expenses, disability payments, death benefits, or other matters arising out of the injury may, in the discretion of the Board, be joined in the same proceeding at any time. The WCAB may join in the same hearing all interested persons, whether employer, insurer, employee, dependent, creditor, or anyone else. Lien proceedings may be heard separately. Mandatory settlement conferences must be conducted in all cases after January 1, 1991. c.

Managing Employee Injuries, Disability and Occupational Safety ©2019 (s) Liebert Cassidy Whitmore 46