Dmuchowsky, Eric

Applicant Eric Dmuchowsky sought reconsideration of a WCJ's Joint Findings and Orders that barred two claims: a May 8, 2016 injury from a physical altercation (barred under section 3600(a)(7) as applicant was found the initial aggressor) and a May 3, 2016 lower extremity injury (barred by the statute of limitations under sections 5400/5405). Applicant argued the SOL was tolled because defendant failed to provide a DWC-1 claim form despite same-day reporting to multiple supervisors, with the leg wound progressing to necrotizing fasciitis. The Board granted reconsideration on a preliminary basis, noting that the cause, nature, and extent of the May 3 injury were not framed as trial issues yet the WCJ decided them anyway, including the threshold question of whether defendant had a section 5401 duty to provide a claim form. The Board found the record undeveloped on the Honeywell/Martin tolling question and deferred a final decision pending further review of the merits and the entire record.