WCPanelIQ
PanelDenied

Heidemann, Carl

CARL HEIDEMANN, Applicant vs. COUNTY OF SAN DIEGO, permissibly self-insured, Defendant

ADJ number
ADJ10767201
Decision date
Aug 31, 2023
District office
San Diego District Office
WCJ
—
Claim administrator
County of San Diego (permissibly self-insured)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: neck, head

LC §5405LC §5401LC §5400LC §5402LC §5409LC §5705

Summary

Applicant Carl Heidemann, a senior probation officer, claimed industrial injury to his neck and head on February 22, 2012 while teaching defensive tactics. He told his supervisors about the injury in April/May 2012 but did not receive a DWC-1 claim form, and he did not file a claim until February 3, 2017 after his condition worsened. Defendant, County of San Diego (permissibly self-insured), sought reconsideration of the July 15, 2019 F&A, arguing the claim was barred by the one-year statute of limitations under Labor Code section 5405. The Appeals Board held that defendant had knowledge of the injury sufficient to trigger its duty to provide a claim form and notify applicant of his workers' compensation rights, and because defendant breached that duty, the statute of limitations was tolled. The Board affirmed the F&A finding industrial injury AOE/COE and awarding further medical treatment.

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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