Honeywell v. Workers' Compensation Appeals Board

Opinion

WERDEGAR, J.

Labor Code section 5402 1 establishes a presumption that an injury is compensable under the workers’ compensation system if the employer does not deny liability for a worker’s claim “within 90 days after the date the claim form is filed.” (Id., subd. (b).) Departing from this clear and unambiguous language, the Workers’ Compensation Appeals Board (WCAB) ruled the 90-day period is also triggered when the employer knows or should know of an industrial injury or claim and breaches its duty (§ 5401) to provide the claim form.

Like the Court of Appeal, we conclude the WCAB erred…