California Labor Code CHAPTER 2 - Limitations of Proceedings

  • Section 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...
  • Section 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...
  • Section 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 material statement...
  • Section 5402.
    (a) Knowledge of an injury, obtained from any source, on the part of an employer, his or her managing agent, superintendent, foreman, or other person in...
  • Section 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...
  • Section 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 proceedings...
  • Section 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...
  • Section 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...
  • Section 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 by...
  • Section 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...
  • Section 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...
  • Section 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 Section 4700)...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...

Last modified: October 22, 2018