Permanente Medical Group v. Workers' Compensation Appeals Board

Petitioner Permanente Medical Group, Kaiser Foundation Hospitals (hereafter Kaiser) seeks review of an opinion and order of respondent Workers’ Compensation Appeals Board (hereafter Board) denying reconsideration of findings and order of its workers’ compensation judge (WCJ). The WCJ determined Kaiser’s application for compensation was filed more than one year following the date of injury and was thus barred by the statute of limitations (Lab. Code, §§ 5405, 5412).

In its petition for writ of review Kaiser contends: (1) the statute of limitations does not begin to run against a medical provider-applicant until it receives notice from the employer denying its claim for reimbursement; (2) the statute of limitations is tolled as to the medical provider while the injured employee’s claim is pending in the federal workers’ compensation forum; (3) respondents failed to meet their burden of proving Kaiser’s claim was barred by the statute of limitations; and (4) Kaiser was denied due process of law by procedures employed to adjudicate the statute of limitations question as a threshold issue. We shall annul the Board’s decision and remand to the Board for further…