Martinez, Miguel

Applicant Miguel Martinez, a dishwasher, claimed two industrial injuries: a back injury on September 30, 2013 (ADJ10656698) and injuries to the right arm, right wrist, low back, right hip, and right shoulder on January 22, 2014 (ADJ10656738). The employer furnished some medical treatment but denied both claims on May 30, 2014, and applicant did not file his Applications until November 22, 2016. The WCJ found both claims barred by the statute of limitations under Labor Code section 5405 because the Applications were filed more than one year after the denial notices. The WCAB, after granting reconsideration to further study the issues, adopted and incorporated the WCJ's Report and affirmed the Findings and Order, holding that the provision of benefits tolled the limitations period but the subsequent denial restarted the one-year clock under McDaniel.