McDANIEL v. WORKERS' COMP. APPEALS BD.

Docket No. A044283.

218 Cal.App.3d 1011 (1990)

267 Cal. Rptr. 440

DENNIS McDANIEL, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and WESTERN EMPLOYERS INSURANCE COMPANY, Respondents.

Court of Appeals of California, First District, Division Five.

March 14, 1990.


Attorney(s) appearing for the Case

COUNSEL

Neyhart, Anderson, Nussbaum, Reilly & Freitas and Frank J. Reilly for Petitioner.

Paul W. Ko, Cynthia L. Sletto and Hanna, Brophy, MacLean, McAleer & Jensen for Respondents.


OPINION

KING, J.

In this case we hold that when an employer or its insurance carrier advances money for payment of an injured employee's health care expenses, knowing of a potential claim of workers' compensation benefits for an industrial injury, the payment tolls the normal one-year limitation within which an original proceeding must be commenced and triggers a five-year limitation period. If the employer or its carrier thereafter...

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