CHAPTER 2. Limitations of Proceedings
Chapter 2 enacted by Stats. 1937, Ch. 90.
§§ 5400–5413 · 21 sections
- § 5400 Except as provided by sections 5402 and 5403, no claim to recover compensation under this division shall be maintained unless within thirty days after the…
- § 5401 (a) Within one working day of receiving notice or knowledge of injury under Section 5400 or 5402, which injury results in lost time beyond the employee’s work…
- § 5401.7 The claim form shall contain, prominently stated, the following statement: “Any person who makes or causes to be made any knowingly false or fraudulent…
- § 5402 (a) Knowledge of an injury, obtained from any source, on the part of an employer, the employer’s managing agent, superintendent, foreman, or other person in…
- § 5403 The failure to give notice under section 5400, or any defect or inaccuracy in a notice is not a bar to recovery under this division if it is found as a fact in…
- § 5404 Unless compensation is paid within the time limited in this chapter for the institution of proceedings for its collection, the right to institute such…
- § 5404.5 (a) Where a claim form has been filed prior to January 1, 1994, and where the claim is denied by the employer, the claim may be dismissed if there has been no…
- § 5405 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…
- § 5406 (a) Except as provided in Section 5406.5, 5406.6, or 5406.7, the period within which may be commenced proceedings for the collection of the benefits provided…
- § 5406.5 In the case of the death of an asbestos worker or firefighter from asbestosis, the period within which proceedings may be commenced for the collection of the…
- § 5406.6 (a) In the case of the death of a health care worker, a worker described in Section 3212, or a worker described in Section 830.5 of the Penal Code from an…
- § 5406.7 (a) In addition to the timelines established pursuant to Section 5406, proceedings for the collection of the benefits provided by Article 4 (commencing with…
- § 5407 The period within which may be commenced proceedings for the collection of compensation on the ground of serious and willful misconduct of the employer, under…
- § 5407.5 The period within which may be commenced proceedings for the reduction of compensation on the ground of serious and willful misconduct of the employee, under…
- § 5408 If an injured employee or, in the case of the employee’s death, any of the employee’s dependents, is under 18 years of age or incompetent at any time when any…
- § 5409 The running of the period of limitations prescribed by this chapter is an affirmative defense and operates to bar the remedy and not to extinguish the right of…
- § 5410 Nothing in this chapter shall bar the right of any injured worker to institute proceedings for the collection of compensation within five years after the date…
- § 5410.1 Should any party to a proceeding institute proceedings to reduce the amount of permanent disability awarded to an applicant by the appeals board and be…
- § 5411 The date of injury, except in cases of occupational disease or cumulative injury, is that date during the employment on which occurred the alleged incident or…
- § 5412 The date of injury in cases of occupational diseases or cumulative injuries is that date upon which the employee first suffered disability therefrom and either…
- § 5413 A determination of facts by the appeals board under this chapter has no collateral estoppel effect on a subsequent criminal prosecution and does not preclude…