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| Case Name | Pugh v. WCAB | |
|---|---|---|
| Date | 11/03/2008 | |
| Note | [Unpublished] if an employer fails to post the notice of employees' workers' compensation rights required by Labor Code section 3550 and the employee is otherwise unaware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. | |
| Citation | B201677 | |
| WCC Citation | WCC 34572008 CA |
Delores Pugh petitioned for review of a decision by the Workers' Compensation Appeals Board (WCAB) finding that her claim for benefits is barred by the one-year statute of limitations. In August 2003, Pugh filed a claim with the WCAB alleging that she suffered cumulative psychological and physical injuries while employed by the County during the period April 1972 through July 1999. The WCAB did not reject the judge's factual findings that the County had not posted the statutory notice and that Pugh was unaware of her rights. Rather, the WCAB concluded that Pugh knew in 1998, or at the latest 1999, that her stress was work related and such knowledge was sufficient to trigger the one-year period for filing a claim under sections 5405 and 5412. The WCAB did not address the County's arguments relating to the merits of Pugh's disability award, finding those issues moot.
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