McDaniel

In this case we hold that when an employer or its insurance carrier advances money for payment of an injured employee’s health care expenses, knowing of a potential claim of workers’ compensation benefits for an industrial injury, the payment tolls the normal one-year limitation within which an original proceeding must be commenced and triggers a five-year limitation period. If the employer or its carrier thereafter gives notice to the employee of its denial of liability for industrial claims, the notice terminates the five-year limitation and causes a new one-year limitation period to commence.

Petitioner Dennis McDaniel (applicant) seeks review of the decision of the Workers’ Compensation Appeals Board (Board), holding that applicant’s claims for cumulative industrial heart injury, filed more than one year after the relevant date of injury, but within one year from the date of the denial notice, are barred by the one-year statute of limitation set forth in Labor Code 1 section 5405. The Board bases its decision solely on its finding that applicant was aware of his right to file a claim for workers’ compensation benefits prior to receiving the denial notice from Western…