OLGA HERNANDEZ, Applicant vs. JANNEY AND JANNEY ATTORNEY SERVICES, INC.; STATE FARM FIRE AND CASUALTY COMPANY, administered by SEDGWICK CMS, Defendants
ADJ number
ADJ12735589
Decision date
Jan 21, 2026
District office
Pomona
WCJ
Sharon Bernal
Claim administrator
Sedgwick CMS (administering State Farm Fire and Casualty Company)
Olga Hernandez, a court runner, was involved in a work-related motor vehicle accident on May 27, 2016, injuring her neck, shoulders, and arm. She did not file an Application for Adjudication of Claim until November 14, 2019, more than three years after the injury, and no workers' compensation benefits or treatment were ever provided by the employer. The WCJ found her claim time-barred under Labor Code section 5405(a) because the employer had met its statutory duty to provide a claim form, defeating any equitable tolling. The WCAB granted reconsideration to study the issues but ultimately affirmed the WCJ's decision, according great weight to the WCJ's credibility determinations crediting the employer witnesses' testimony that a claim form and workers' compensation notices were timely provided.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.