What the panel ordered
Petition for reconsideration denied.
Defendant petitioned for reconsideration of the WCJ's Findings of Fact and Order of October 5, 2023, which found the applicant's claim was not barred by the statute of limitations.
This docket was decided more than once. Shown here is the latest released decision; we also hold July 3, 2023.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Statute of limitationsApplicant prevailedmultiple including fingers, hands, legs, back, and others
The employer had actual knowledge of the injury and failed to provide the required claim form and notice, which tolled the statute of limitations despite the employer's mistaken belief that the injury was not compensable.
From the decision · page 1Defendant seeks reconsideration of a workers' compensation administrative law judge's (WCJ) Findings of Fact and Order of October 5, 2023, wherein it was found that "The applicant's claim for workers' compensation benefits is not barred by the statute of limitations set forth in LC section 5405." Applicant claims that while employed on August 11, 2019 as a shift supervisor, she sustained industrial injury in the forms of Guillain-Barre syndrome, nervous syndrome, fatigue, cellulitis, demyelinating neuropathy, depression, anxiety, irritable bowel syndrome, neurogenic bladder, urinary dysfunction, sexual dysfunction, anorectal dysfunction, asthma, gastroesophageal reflux disease, acute chronic inflammatory demyelinating polyradiculoneuropathy, urinary incontinence, and to the fingers, hands, legs, back and "sleep." Applicant's claimed injury was caused as a result of receiving influenza and pneumonia vaccines at work. In a Findings of Fact of April 28, 2023, it was found that, "The applicant's vaccination on 8/11/2019 was an act that arose out of and in the course of employment with the defendant."1