Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, § 5705
Statute of limitations is affirmative defense; defendant bears burden of proof
Applied to petition to reopen for new and further disability
From the decision · page 4The statute of limitations is an affirmative defense and defendant, as the party asserting the defense, has the burden of proof. (Lab. Code, § 5705.)
Blanchard v. Workers' Comp. Appeals Bd. (1975) 53 Cal.App.3d 590
Liberal construction of limitations provisions in favor of employee
Applied to section 5410 five-year limitation period
From the decision · page 4“Limitations provisions in the workmen’s compensation law must be liberally construed in favor of the employee unless otherwise compelled by the language of the statute, and such enactments should not be interpreted in a manner which will result in a loss of compensation.” ( Blanchard v. Workers’ Comp. Appeals Bd.
Suon v. California Dairies (2018) 83 Cal.Comp.Cases 1803 (en banc)
Presumption that properly mailed letter was received; rebuttable by believable contrary evidence
Applied to determine whether petition to reopen was timely filed
From the decision · page 5790].) Once the recipient produces sufficient evidence showing non-receipt of the mailed item, “the presumption disappears” and the “trier of fact must then weigh the denial of receipt against the inference of receipt arising from proof of mailing and decide whether or not the letter was received.