Rodriguez

This case involves an interpretation of section 5402 of the Labor Code. Section 5401 of the Labor Code provides that an injured employee who seeks workers’ compensation benefits shall file with the employer a completed claim form advising the employer of the employee’s name and address, Social Security number, time of the injury and address where the injury occurred, the nature of the injury and the part of the body affected by the injury. Section 5402 states in relevant part: “If liability is not rejected within 90 days after the date the claim form is filed under Section 5401, the injury shall be presumed compensable under this division. The presumption is rebuttable only by evidence discovered subsequent to the 90-day period.” We are here concerned with what an employer must do in order for liability to be “rejected” within the meaning of section 5402. We conclude that rejecting liability is not the same thing as notifying the employee of the rejection, and that the statute requires only the former to occur within the 90-day period in order for the employer to avoid the presumption of compensability.

Facts and Procedural History

Petitioner Andrew Rodriguez was…