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TIME LIMITS & STATUTES OF LIMITATIONS

Time limits to file Application for Adjudication of Claim: See Labor Code §5405 and below under “Labor Code”

Time to reopen: 5 years from date of injury: Labor Code §§5804 and 5810

132a: “these proceedings may not be commenced more than one year from the discriminatory act or date of termination of the employee.” See Labor Code §132a(4).

Serious & Willful: “Twelve months from the date of injury." See Labor Code §5407

For time limits for cumulative trauma claims, see cumulative trauma

For time limits involving the Qualified Medical Evaluator process, see Qualified Medical Evaluator

For time limits involving the Utilization Review process, see Utilization Review

For time limits involving the Independent Medical Review process, see Independent Medical Review

For time limits involving the Independent Bill Review process, see Independent Bill Review

For time limits on reconsideration and further appeals, see Appeals: Reconsideration & Writs

See, too, Service of orders, documents, etc.

Label Item Links Comments
Labor Code "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."

Labor Code §5316: "Any notice, order, or decision required by this division to be served upon any person either before, during, or after the institution of any proceeding before the appeals board, may be served in the manner provided by Chapter 5, Title 14 of Part 2 of the Code of Civil Procedure, unless otherwise directed by the appeals board. In the latter event the document shall be served in accordance with the order or direction of the appeals board."
LC §5405












LC §5316

 
Code of Civil Procedure  CCP §1013: Service by mail, etc.
CCP §1013
 
Regulations/Rules 8 CCR §10507: Time Within Which to Act When a Document is Served by Mail, Fax, or E-Mail

8 CCR §10508. Extension of Time for Weekends and Holidays.
8 CCR §10507


8 CCR §10508
 
Cases Tsegay Messele v. Pitco Foods, Inc. (2011) 6 Cal. Comp.Cases 1187 Messele v. Pitco Foods, Inc.  
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