McDaniel v. Workers' Compensation Appeals Board

Opinion

KING, J.

In this case we hold that when an employer or its insurance carrier advances money for payment of an injured employee’s health care expenses, knowing of a potential claim of workers’ compensation benefits for an industrial injury, the payment tolls the normal one-year limitation within which an original proceeding must be commenced and triggers a five-year limitation period. If the employer or its carrier thereafter gives notice to the employee of its denial of liability for industrial claims, the notice terminates the five-year limitation and causes a new one-year limitation…