Valverde v. Space Age Men Maintenance, Inc.  (2024 Cal. Wrk. Comp. P.D. LEXIS 379)

The WCAB rescinded a WCJ’s decision that an applicant was not entitled to the presumption of compensability pursuant to LC §5402(b) because the Claim Form was not signed by him.

The WCAB noted that LC §5401(a) does not require a signature.

The Board also noted that LC §5401(c) allows the Claim Form to be filed “by an agent of the employee or dependent,” and that the Claim Form at issue was filed by such an agent, who signed a letter accompanying it.

The WCAB concluded that the mailing of the Claim Form substantially complied with LC §5401 and LC §5402 and required the defendant to deny the claim within the statutory time period to avoid being subject to the presumption.