Galloway

Michael Galloway petitions for a writ of review following the grant of a petition for reconsideration that was decided in favor of respondent Washington Ornamental Ironworks, Inc. (Ironworks) and respondent Insurance Company of the West (Insurer).

The central question before us is whether the failure of respondents to comply with the notice provisions of the California Code of Regulations tolls the statute of limitations for an employee to file a workers' compensation claim. Under the facts presented, we hold that it does.

For a number of years, Galloway was employed as an ironworker with several employers, including Ironworks. While working for Ironworks in September of 1991, he fell and injured his elbow. He had corrective surgery and received workers' compensation benefits for that injury.

Galloway selected Dr. John Kayvanfar as the qualified medical examiner to examine him and evaluate his status following the surgery. During the examination, Galloway complained of ongoing neck pain. Dr. Kayvanfar performed a magnetic resonance imaging test on Galloway's neck. The test was positive. Dr. Kayvanfar's subsequent report in March or April of 1992 found no…