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Statute Of Limitations

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As you know, the Statute of Limitations to file an Application for Adjudication of Claim is generally one year after the date of injury or one year after the last benefit aid or last medical treatment furnished, in accordance with Labor Code section 5405.

Even if an applicant did not file an Application within that one year statute of limitation, the Application in the form of a Petition for New and Further Disability per Labor Code section 54010, which extends a statute of limitations to five years from the date of injury.

In order to enforce a statute of limitations defense, the court generally requires us to issue a Reynold’s Notice to the applicant informing him of the appropriate statute of limitation information. Here, we last provided …show more content…

I recommend we move forward with a Declaration of Readiness to Proceed to a priority conference to advance our statute of limitation defense.

Discovery

Per your instructions in the litigation referral, we will go ahead and set the deposition of the applicant. We will use the deposition of the applicant to discuss possible settlement. If not, we will proceed with the medical-legal process.

Obviously, if we are proceeding with the medical-legal process, we will have to seek apportionment from applicant’s prior 2006 injury where he underwent an arthroscopy of the left knee.

In addition, if we are moving forward with additional discovery, I recommend we procure an ISO ClaimSearch to see if there are any locations we need to subpoena in order to determine further grounds for apportionment.

At this time, a subrosa video is not necessary. We could revisit this option, after we have taken applicant’s deposition.

Recommendation going forward

At this time, I recommend we move forward with DOR to a priority conference to advance our statute of Limitation defense. If we could prevail on our statute of limitation defense, we could avoid any liability on this claim going …show more content…

There has been an error in the court system. Apparently, the court has associated this date of injury with a different issuer. We have been in constant contact with the applicant’s attorney to correct this issue. The employer on the Application for Adjudication of Claim clearly listed Salinas Tallow Company, LLC as the employer, but for some reason, the court had a different employer listed. As soon as we fix this error, we will file a Notice of Representation. I will then file an Answer to the Application for Adjudication of Claim, specifically asserting our statute of limitation

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