HONEYWELL, Petitioner,
v.
WORKERS' COMPENSATION APPEALS BOARD and William Wagner, Respondents.
Supreme Court of California.https://leagle.com/images/logo.png
February 10, 2005.
February 10, 2005.
Attorney(s) appearing for the Case
Kegel, Tobin & Truce and D'Arcy T. Swartz, Long Beach, for Petitioner.
Clopton, Penny & Brenner and Ronald R. Kolitz, for California Self-Insurers Association as Amicus Curiae on behalf of Petitioner.
Laughlin, Falbo, Levy & Moresi, and James C. Hester, Pasadena, for California Workers' Compensation Defense Attorneys Association as Amicus Curiae on behalf of Petitioner.
Finnegan, Marks, Hampton & Theofel and Ellen Sims Langille, San Francisco, for California Workers' Compensation Institute as Amicus Curiae on behalf of Petitioner.
Vincent Bausano and Neil P. Sullivan, for Respondent Workers' Compensation Appeals Board.
Turchin & Turchin, Law Offices of Raymond L. Turchin, Raymond L. Turchin, Glendale; and Florette Turchin, La Canada, for Respondent William Wagner.
William A. Herreras, Grover City, and John Messer, for California Applicants' Attorneys Association as Amicus Curiae on behalf of Respondent William Wagner.
Supreme Court of California.
WERDEGAR, J.
Labor Code section 54021 establishes a presumption that an injury is compensable under the workers' compensation system if the employer does not deny liability for a worker's claim "within 90 days after the date the claim form is filed." (Id., subd. (b).) Departing from this clear and unambiguous language, the Workers' Compensation Appeals Board (WCAB) ruled the 90-day period is also triggered when the employer knows...
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