Honeywell

Labor Code section 5402 establishes a presumption that an injury is compensable under the workers’ compensation system if the employer does not deny liability for a worker’s claim “within 90 days after the date the claim form is filed.” (Id., subd. (b).) Departing from this clear and unambiguous language, the Workers’ Compensation Appeals Board (WCAB) ruled the 90-day period is also triggered when the employer knows or should know of an industrial injury or claim and breaches its duty (§ 5401) to provide the claim form.

Like the Court of Appeal, we conclude the WCAB erred in this regard. The employer’s knowledge of an injury satisfies the worker’s duty to provide notice within 30 days of the injury (§§ 5400, 5402, subd. (a)) and triggers the employer’s duty to provide a claim form within one working day (§ 5401, subd. (a)). But absent circumstances creating an equitable estoppel, the 90-day period for the employer to deny liability mns only from the date the worker files a claim form with the employer. (§ 5402, subd. (b).) Neither the WCAB nor this court can alter the clear statutory command.

FACTUAL AND PROCEDURAL BACKGROUND

Our summary of the facts and procedure is…