Nolan

The Workers’ Compensation Appeals Board adopted a workers’ compensation judge’s order dismissing Leonard Nolan’s petition to reopen his petition for compensation, finding that the claim was barred by the five-year statute of limitations (Lab. Code, § 5410), and further finding that “there was no good cause shown to estop, toll or suspend the operation of the statute of limitations.”

Nolan was injured oh March 24, 1970, and received voluntaiy compensation benefits from his employer, Fraser & Johnston Company, insured by Liberty Mutual Insurance Company. Having been sent to prison on March 18, 1971, Nolan contacted Liberty Mutual on June 28, 1971, inquiring as to the status of His claim. Liberty Mutual advised Nolan that a medical examination and claim processing would be arranged on his release from prison. This arrangement was confirmed with Nolan’s attorney after a claim for permanent disability was filed on March 2, 1972. It was anticipated that Nolan would be released from prison in July of 1972. He was not released, however, until April 1975. On May 28, 1974, Liberty Mutual noticed a motion to dismiss the claim without prejudice for lack of prosecution. No response…