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Case Name | Galloway v. WCAB | |
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Date | 05/05/1998 | |
Note | Failure to notify applicant of time limits for filing injury comp. claim tolled statute of limitations. | |
Citation | 63 Cal.App.4th 880, 63 CCC 532 | |
WCC Citation | WCC 3751998 CA |
Galloway selected Dr. John Kayvanfar as the qualified medical examiner to examine him and evaluate his status following the surgery. Insurer objected to the preliminary rating report in that Galloway had made no claim for a neck injury. As a result, a rating was made by the disability evaluation unit, a copy of which was sent to Galloway. On March 29 and April 1, 1993, Galloway, who was not represented by counsel, telephoned Insurer to discuss his status. In reversing that decision, the WCAB found that Galloway knew or should have known by at least April 1, 1993, making the claim untimely.
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