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Statue of Limitations - Printable Version

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Statue of Limitations - Shadow - 08-20-2017

Hi Folks 

California Injury 

Posting for a friend .. He was injured at work . Went to the employers contracted Urgent Care .Taken off work for a fews days.

My friend doesn't want to get in to this whole claim process .. just wants to work and be happy.

What is the statue of limitations in California .

Any codes 

Thanks 

Shadow


RE: Statue of Limitations - 1171 - 08-20-2017

there are many.
the key one for a new claim is L.C. 5405: 1 yr from the date of injury to file with the comp court.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division=4.&title=&part=4.&chapter=2.&article=


RE: Statue of Limitations - Shadow - 08-20-2017

(08-20-2017, 07:46 PM)1171 Wrote: there are many.
the key one for a new claim is L.C. 5405: 1 yr from the date of injury to file with the comp court.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division=4.&title=&part=4.&chapter=2.&article=

Thank you ..appreciate it. I will print this out for my friend .


RE: Statue of Limitations - Shadow - 08-30-2017

I have another question ..when would a DWC-1 form be due ..is there a statue for that .

The IW went to the Urgent Care , followed up , declined further treatment and want s to work . Doesn't necessarily want to open a claim .

The employer wants a DWC -1 .

Is there a statue on this particular form DWC-1.. I mean the EE was well aware of the injury through his contracted medical facility . There is a Doctors First Report and a PR-2. They definitely are aware.

Any thoughts on when technically a DWC-1 would be legally due, such as a dead line .

Thanks

 Shadow


RE: Statue of Limitations - 1171 - 08-30-2017

P.S.  Statu  t e with an extra "t". As in "statutory" law.

a claim form is filed when a worker wants workers comp benefits.
A worker is not required to claim or accept comp benefits.

What can happen is both comp and health insurer may refuse to pay any medical bills.
In lieu of a claim form a worker can fle an application with the WCAB within the 1 yr Statute.


RE: Statue of Limitations - Shadow - 08-30-2017

(08-30-2017, 10:30 AM)1171 Wrote: P.S.  Statu  t e with an extra "t". As in "statutory" law.

a claim form is filed when a worker wants workers comp benefits.
A worker is not required to claim or accept comp benefits.

What can happen is both comp and health insurer may refuse to pay any medical bills.
In lieu of a claim form a worker can fle an application with the WCAB within the 1 yr Statute.

So there is no Statute of limitations on a DWC-1 ? 

The ( employers )  providers first report is the notice of injury as required in 30 days I guess. 

Thanks 

Shadow


RE: Statue of Limitations - 1171 - 08-30-2017

..No.