Jesus Amezcua — ADJ11997202

Applicant Jesus Amezcua claimed a December 30, 2013 injury to his right leg and ankle while working as a driver for Desert Coastal Transport. The WCJ found his Application, filed January 9, 2019, was barred by the five-year limitations period under Labor Code section 5410. On reconsideration, the Board determined the applicable period was the one-year period under section 5405, which was tolled because the employer failed to prove it provided the required statutory notices (in Spanish) accompanying the claim form. The Board found applicant learned of his rights in September 2018 when he obtained representation, so the tolling ended then and the Application—filed in either September 2018 or January 2019—was timely. The Board affirmed the Findings of Fact as amended, rescinded the Order, and held the claim is not barred, retaining jurisdiction and returning the matter to the WCJ.