Kimberly Moua — ADJ21922892

Applicant Kimberly Moua, in pro per, sought reconsideration of a July 13, 2026 Order Dismissing Case with prejudice, which dismissed her claim on the ground that she could not produce evidence of a timely Application for Adjudication. Defendant raised the statute of limitations as a threshold issue under Labor Code section 5405, contending the one-year period ran from the January 8, 2024 close of the cumulative trauma period. Applicant argued the December 6, 2024 denial letter (not the April 16, 2024 letter) triggered the statute, and that her December 11, 2025 Application was timely; she also alleged the employer and Sedgwick misled her about whether her claim was denied. The WCAB panel found the record inadequate under Labor Code section 5313 and CCR 10787 because there were no minutes of hearing or summary of evidence, and the July 9, 2026 minutes contradicted the dismissal order. The Board granted reconsideration, rescinded the dismissal, and returned the matter to the trial level for further proceedings, noting that estoppel and tolling may be relevant.