WCPanelIQ
PanelQMEMed-legalGranted in Part

Abraham Velasquez — ADJ13290788, ADJ13290786

ABRAHAM VELASQUEZ, Applicant vs. UPM; REPUBLIC INDEMNITY COMPANY OF CALIFORNIA, Defendants

ADJ number
ADJ13290788, ADJ13290786
Decision date
Apr 14, 2022
District office
Pomona
WCJ
—
Claim administrator
Republic Indemnity Company of California
Commissioners
—

Injury / body parts: back

LC §5409LC §5405LC §5411LC §5401LC §5400LC §5402CCR §9812

Summary

Applicant Abraham Velasquez claimed two back injuries while employed as a sweeper: one on January 5, 2005 (ADJ13290788) and one on January 1, 2007 (ADJ32990786). The WCJ found neither claim barred by the statute of limitations or laches. Defendant sought reconsideration. The Board affirmed tolling for the 2005 injury because, although defendant provided the initial DWC-1 form, it failed to provide subsequent notices required by former Administrative Rule 9812 (specifically Notice that No Permanent Disability Exists). However, the Board granted reconsideration and amended the decision to find the 2007 claim barred by the statute of limitations because the WCJ found applicant's testimony that he reported the 2007 injury not credible, meaning the employer never had knowledge triggering a notice obligation and the statute was never tolled.

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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