Santos, Edward

Edward Santos sustained an admitted industrial injury to his neck and claimed additional injuries to his low back, psyche, and internal systems from a November 3, 2008 motor vehicle accident while employed by the Department of General Services (legally uninsured, adjusted by State Compensation Insurance Fund). The WCJ found the claim barred by the statute of limitations after State Fund denied the claim on March 22, 2013 and applicant did not file his Application until November 27, 2019. On reconsideration, the Board first addressed its own jurisdiction, finding that although it failed to act on the petition within 60 days due to administrative delay, equitable tolling under Shipley preserved its authority to decide the merits. On the substantive issue, the Board found the record insufficient to resolve whether applicant's post-2013 medical treatment (paid through Cal-PERS retirement insurance) constituted employer-provided benefits that would extend the limitations period under section 5405(c). The Board amended the findings to confirm employment and to defer the statute of limitations issue, remanding for further development of the record.