Hospitals

Hospitals v. Workers' Compensation Appeals Board

Good Law
137 Cal. Rptr. 878·19 Cal. 3d 329·1977 Cal. LEXIS 135·562 P.2d 1037·42 Cal. Comp. Cases 302
Supreme Court of CaliforniaApril 22, 1977S.F. No. 23568California2,214 words

Opinion

lead Opinion

Richardson, J.

This case involves the application of Labor Code (all statutory references are to that code unless otherwise indicated) section 5405, which provides a one-year statute of limitations for the filing of claims under the Workers’ Compensation Act (the Act). Concluding, as we do, that the one-year period commences to run when *332 the potential claimant is notified that the employer and its compensation carrier reject liability under the Act, we will affirm the decision of the Workers’ Compensation Appeals Board (Board) which held the claim was barred because it was filed more than one year after such notice was given.

Terry Webb, then 19 years old, developed a hernia in November 1973 during a period of his employment as a clerk for respondent Pennysaver Market (employer). As a subscriber to petitioner’s health care plan through his union, Webb sought treatment at one of its facilities. All premiums due under the plan were paid by the union from a trust fund to which the employer made compulsory contributions. Health care coverage was afforded only for “nonindustrial” injuries or illnesses.

Petitioner’s staff first examined and treated Webb on November 30, 1973. A…

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