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Jose Juan Barajas Contreras — ADJ11558403

JOSE JUAN BARAJAS CONTRERAS, Applicant vs. SABOR FARMS; ZURICH AMERICAN INSURANCE COMPANY, Defendants

ADJ number
ADJ11558403
Decision date
Jan 31, 2021
District office
Salinas
WCJ
—
Claim administrator
Zurich American Insurance Company
Commissioners
—

Injury / body parts: neck

LC §5401LC §5405LC §5409

Summary

Applicant Jose Juan Barajas Contreras, a seasonal tractor driver, claimed industrial injury to his neck on May 14, 2017. Although his Application alleged a cumulative injury, the WCJ found a specific injury and ruled the claim was not barred by the statute of limitations. Defendant sought reconsideration, arguing the claim was time-barred and that finding a specific injury when a cumulative injury was pleaded was error. The Board denied reconsideration, holding that pleading defects are not jurisdictional and amendments relate back, and that the statute of limitations was tolled by defendant's failure to provide a DWC-1 form until applicant signed one on August 1, 2018, making the October 1, 2018 filing timely.

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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