This information is provided free of charge by the Department of Industrial Relations
from its web site at www.dir.ca.gov. These regulations are for the
convenience of the user and no representation or warranty is made that the information
is current or accurate. See full disclaimer at http://www.dir.ca.gov/od_pub/disclaimer.html.
Chapter 4.5. Division of Workers' Compensation
SUBCHAPTER 1.5. INJURIES ON OR AFTER JANUARY 1, 1990
ARTICLE 9. CLAIM FORM: AVAILABILITY, FILING, ACKNOWLEDGEMENT OF RECEIPT, DISMISSAL
10142. Date of Denial for Purposes of End of Tolling of Limitations Period.
For purposes of Labor Code Section 5401(c), the date "the claim is denied" for determining when the claim form ceases to toll the specified limitations periods is:
(a) the date the written denial notice is personally served, or
(b) five days after the written denial notice is placed in the mail if the address is within the State of California, ten days if the address is outside the State of California, but within the United States and twenty days if the address is outside of the United States.
The written denial notice must be issued in accordance with the notice regulations in Title 8, CCR, Subchapter 1, Article 8, Sections 9810 et seq. in order to cease the claim form's tolling of the limitations periods.
|| Note: Authority cited: Sections 133 and 5307.3, Labor Code. Reference: Section 5401, Labor Code.
1. Change without regulatory effect renumbering former section 10121 to section 10142 filed 4-7-2008 pursuant to section 100, title 1, California Code ofRegulations (Register 2008, No. 15).
Go Back to Article 9 Table of Contents