Kaiser Foundation Hospitals v. Workers' Compensation Appeals Board

Opinion

LUCAS, J.

This case involves the issue of whether the workers’ compensation statute of limitations is tolled as to a lien claimant, until the employer with knowledge of the work-related injury notifies the employee of his workers’ compensation rights. We conclude that when Labor Code section 5405, subdivision (a) (all further statutory references are to this code unless otherwise cited) applies, the limitations period specified therein runs from the date of injury. If the employer breaches its statutory duty to notify an employee unaware of his workers’ compensation rights of those…