WCPanelIQ
PanelDenied

Jacob Orozco — ADJ19122773

JACOB OROZCO, Applicant vs. COUNTY OF MONTEREY, permissibly self-insured, administered by INTERCARE HOLDINGS INSURANCE COMPANY, Defendants

ADJ number
ADJ19122773
Decision date
Oct 29, 2026
District office
Salinas
WCJ
—
Claim administrator
Intercare Holdings Insurance Company (administering for County of Monterey, permissibly self-insured)
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER

Injury / body parts: left ankle

LC §5400LC §5401LC §5402LC §5405LC §5409LC §5900LC §5909CCR §10138

Summary

Deputy sheriff Jacob Orozco rolled his left ankle at work on October 5, 2022, filing an internal Employee Incident Report the same day but declining medical treatment, which his supervisor acknowledged. The employer never provided a DWC-1 claim form. In January 2024, after the ankle worsened, applicant requested care and received a claim form for the first time, filing an Application in April 2024. Defendant denied the claim as barred by the one-year statute of limitations under Labor Code section 5405. The WCJ found the claim timely, holding that defendant's failure to provide a claim form after receiving actual knowledge of the injury tolled the statute until applicant received the form on January 19, 2024. The Board denied reconsideration, affirming that the tolling applied because the employer had actual knowledge of a reported industrial injury and failed to provide the required notice.

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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