| History:
The period within which proceedings may be commenced for the collection of the benefits provided by Article 2 (commencing with Section 4600) or Article 3 (commencing with Section 4650), or both, of Chapter 2 of Part 2 is one year from any of the following:
(a) The date of injury.
(b) The expiration of any period covered by payment under Article 3 (commencing with Section 4650) of Chapter 2 of Part 2.
(c) The last date on which any benefits provided for in Article 2 (commencing with Section 4600) of Chapter 2 of Part 2 were furnished.
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Relevant Case Law
Note: Disability retirement allowances paid when comp. benefits are due are
Note: Applicants' requests for vocational rehab. denied due to 1 year statute of limitations.
Note: Statute of limitations begins on date of last exposure for cumulative injuries.
Note: Asbestos claim not barred by SOL when he did not yet have disability.
Note: Psychiatric injury 5 yrs.+ after original back injury not barred by statute of limitations.
Note: Claim for 1 yr. salary needs to be filed within 3 yrs. of employer's wrongful termination of benefits.
Note: Amending claim for specific injury to one of cumulative injuries does not change date of filing.
Note: Time limit for filing new and further disability extends until 5 years after employer last volunteered benefits.
Note: Failure of employer to provide injured worker with required notice tolls statute of limitations.
Note: Failure to notify applicant of time limits for filing injury comp. claim tolled statute of limitations.
Note: Breach of employer's duty to notify employee of rights to benefits tolls limitations period; duty arises if employer has constructive knowledge of injury.
Note: [Unpublished] Successive, specific industrial injuries to different parts of the body cannot be rated together simply because they share one date of injury.
Note: WCAB ruling on PERS disability issue does not alter limitation to bring action within 5 years from date of injury.
Note: Claimant's awareness of his right to compensation for a past injury did not necessarily inform him of his potential right to compensation for the subsequent injury.
Note: [Unpublished] if an employer fails to post the notice of employees' workers' compensation rights required by Labor Code section 3550 and the employee is otherwise unaware of her rights, then the statute of limitations is tolled until the employee gains actual knowledge that she may be entitled to benefits.
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