The Statute of Limitations was upheld in a Writ denied case

• Posted By: Harvey Brown
• October 2, 2016

This is a Writ Denied case

This is a very significant case for workers’ compensation principles.

This is a very unusual case for workers’ compensation purposes. Defendants rarely win a statute of limitations defense. This was a case where the defense prevailed.

The applicant was a hostess and claimed a specific injury on 4/5/2008. The applicant waited until 2/6/2013 to file an Application for Adjudication of Claim. The Workers’ Compensation Judge (WCJ) found that the claim was not barred by the statute of limitations.

A Petition for Reconsideration was filed by the defendant. The Workers’ Compensation Appeals Board (WCAB) reversed the WCJ.

The WCAB found that there was no reason to toll the statute. Applicant did not show that the defendant had sufficient notice of her claim. They also found there was no reason to provide a claim form or notice of potential eligibility for benefits.

They also indicated that a specific injury is different than a cumulative trauma. In a specific injury the statute of limitations begins to run from the date of the injury’s occurrence and not the date of knowledge. In a cumulative trauma it runs from the date of knowledge.

They further indicated there was no prejudice for the defendant to raise the statute of limitations.

Case: Ostini (Susan) v. WCAB

• Posted In: Writ