Section 5404.5 Of Chapter 2. Limitations Of Proceedings From California Labor Code >> Division 4. >> Part 4. >> Chapter 2.
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 activity for the previous 180 days
and if the claims adjuster has served notice pursuant to Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of the Code
of Civil Procedure. The notice shall specify that the claim will be
dismissed by operation of law unless an application for adjudication
of the claim is filed within 180 days of service of the notice.
(b) Where a claim form has been filed prior to January 1, 1994,
and where benefits have been furnished by the employer, the claim may
be dismissed if there has been no activity for the previous 180 days
and if the claims adjuster has served notice pursuant to Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of the Code
of Civil Procedure. The notice shall specify that the claim will be
dismissed by operation of law unless an application for adjudication
of the claim is filed within five years of the date of injury or
within one year of the last furnishing of benefits, whichever is
later.
(c) The administrative director may adopt rules of practice and
procedure consistent with this section.
(d) The provisions of subdivisions (a) and (b) do not limit the
jurisdiction of the appeals board.
(e) This section is applicable to injuries occurring before
January 1, 1994.