Gina Chavez — ADJ13034108

Gina Chavez injured her left hand on December 19, 2017 when she hit it on a doorknob at work, but did not report the injury as work-related until October/November 2019, after self-procuring medical treatment (including July 2019 surgery) through her employer-provided group health plan and taking FMLA leave. She filed her workers' compensation claim on March 3, 2020. The WCJ dismissed the claim as barred by the one-year statute of limitations under Labor Code section 5405(a), finding that her use of employer-provided health benefits did not toll the statute because the employer had no knowledge the treatment related to a work injury. Applicant sought reconsideration arguing the claim was timely under section 5405(c) and Mihesuah, based on tolling from employer-provided health benefits. The WCAB denied reconsideration, distinguishing Mihesuah and adopting the WCJ's analysis under Nielsen and Webb, holding that tolling requires the employer to have knowledge of a potential work-related claim.