WCPanelIQ
PanelGranted

Castillo, Carmen

CARMEN CASTILLO, Applicant vs. WALT DISNEY PARKS AND RESORTS U.S., INC., Permissibly Self-Insured, Defendant

ADJ number
ADJ17394446
Decision date
Jul 14, 2024
District office
Anaheim
WCJ
—
Claim administrator
Walt Disney Parks and Resorts U.S., Inc. (Permissibly Self-Insured)
Commissioners
—

Injury / body parts: back

LC §5409LC §5405LC §5401LC §5402LC §5403

Summary

Applicant Carmen Castillo claimed a back injury from a slip and fall in the employer-owned parking lot on February 12, 2018, while employed by Walt Disney Parks and Resorts as a laundry production person. The WCJ found the claim barred by the statute of limitations, but applicant sought reconsideration. The Board found that the employer's production lead, Ms. Artiaga, witnessed the fall and reported the injury and surgery to Textile Service Manager Ms. Bonilla by August or September 2018, giving the employer sufficient notice of injury. Because defendant failed to provide a DWC-1 claim form despite this notice, the statute of limitations was tolled. The Board granted reconsideration, rescinded the WCJ's decision, and issued a new decision finding the claim not barred by the statute of limitations.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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