Washington, Derrick

Applicant Derrick Washington sought reconsideration of a WCJ's F&O finding his claim barred by the one-year statute of limitations under Labor Code section 5405(a), where the claimed injury was May 4, 2021 and the application was filed January 18, 2023. The WCJ had ruled that the statute was only tolled until June 9, 2021 because defendant allegedly mailed applicant a DWC-1 claim form on June 4, 2021 to a valid address, invoking the mailbox presumption of receipt. The Appeals Board found the WCJ's determination unsupported by substantial evidence because the relied-upon exhibit (Exh. H) contained no DWC-1 claim form, only partial instructions, had no proof of service, and defendant's witness could not authenticate it. The Board also noted new evidence that mail to applicant's address of record was being returned undelivered. The Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level for further proceedings, including potential development of the record on whether the injury required only first aid.