What the panel ordered
Petition for Reconsideration denied, statute of limitations defense rejected, claim not barred.
Defendant sought reconsideration of the Findings of Fact and Opinion on Decision issued March 23, 2023, challenging the statute of limitations defense.
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.
Defendant failed to prove applicant was given proper notice that medical treatment benefits would be limited or denied, so the statute of limitations was tolled until such notice was given.
From the decision · page 4DISCUSSION We turn first to defendant's contention that applicant was on notice of the statute of limitations by February 11, 2016, but "did not file the Application for Adjudication of Claim until November 21, 2022," rendering the application for adjudication herein untimely. Preliminarily we note that the record reveals that applicant filed an application for adjudication alleging that he sustained cumulative injury to his eye, including the optic nerve, on July 1, 2021. (Application for Adjudication, July 1, 2021, ADJ14846298.) Because the July 1, 2021 application was filed more than one year before the November 21, 2022 application on which the Petition relies, it is necessary to examine whether or not it may be operative for the purpose of determining the statute of limitations issue herein--and we will address that issue below. As to defendant's argument that applicant was on notice of the statute of limitations by February 11, 2016, we agree with the WCJ that defendant failed to prove its statute of limitations defense. (Report, pp.