Iverson, Denyce

Applicant Denyce Iverson, a CVS shift supervisor, claimed industrial injury (including Guillain-Barre syndrome and numerous other conditions) resulting from flu and pneumonia vaccinations received at work on August 11, 2019. Although she filed her claim more than one year after the injury, the WCJ found the statute of limitations under Labor Code section 5405 was tolled because the employer failed to provide a DWC-1 claim form despite having knowledge of the injury. Defendant sought reconsideration, arguing it lacked the requisite knowledge of an industrial injury to trigger the duty to provide a claim form. The Board denied reconsideration, holding that actual knowledge of the factual underpinnings of a claim is sufficient to constitute 'knowledge' under Labor Code sections 5401 and 5402, and that an employer's mistake of law does not relieve it of the duty to provide a claim form. The failure to provide the form tolled the statute of limitations until applicant became aware of her rights.