Bekins Moving & Storage Co. v. Workers' Compensation Appeals Board

This petition by an employer challenges a decision by the Workers’ Compensation Appeals Board (hereafter Board) that the applicant was entitled to rehabilitation benefits. The issue raised is whether the Board erred in its ruling that the application was not barred by the statute of limitations. Novel and important questions concerning application of Labor Code sections 3207, 5404, and 5804 are involved. We have concluded that one of the limiting statutes does apply to rehabilitation benefits, but that under the circumstances of this case the applicant satisfied the statute. Therefore, we affirm the Board’s ruling.

Applicant George Hansen injured his back on January 20, 1975, while employed by Bekins Moving & Storage Company (hereafter Bekins) as a furniture mover. He filed two applications for adjudication of claims, one alleging cumulative injury to his back arising from employment with Bekins between 1967 and 1975, and the other alleging a specific injury to his back on January 20, 1975. Initially, Hansen took steps to enroll in a rehabilitation program, but he apparently lost interest in rehabilitation. An award issued finding Hansen 301/2 percent permanently…