Save Mart Supermarkets v. WCAB
Filed 2/9/06 Save Mart Supermarkets v. WCAB (Hixson) CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| SAVE MART SUPERMARKETS, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and CHAD HIXSON, Respondents. | F047876
(WCAB No. STK 0180317)
OPINION |
THE COURT*
ORIGINAL PROCEEDINGS; petition for writ of review from a decision of the Workers' Compensation Appeals Board. Ronnie G. Caplane, Merle C. Rabine, and Janice Jamison Murray, Commissioners. Bertram Cohen, Workers' Compensation Administrative Law Judge.
Morse, Giesler & Callister and Timothy J. Reinarts, for Petitioners.
No appearance by Respondent Workers' Compensation Appeals Board.
Law Offices of Ronald M. Stein and Ronald M. Stein, for Respondent Chad Hixson.
-ooOoo-
Save Mart Supermarkets (Save Mart) petitions this court for a writ of review contending the Workers' Compensation Appeals Board (WCAB) misapplied the relevant statute of limitations by permitting a workers' compensation action in which the employee first notified Save Mart of the injury and filed a claim for benefits 19 months after a slip and fall accident. We will grant the writ forthwith and remand the matter to the WCAB to specify in detail the legal basis for its decision extending the statute of limitations.
BACKGROUND
Chad Hixson (Hixson) began working for Save Mart in December 1999. On May 16, 2001, a month before his 19th birthday, Hixson was cleaning the meat department when he slipped and fell backwards. He extended his arms to break his fall and felt a slight pain in his wrists. He did not report the injury to anyone at Save Mart and did not miss any time from work that year due to the injury. Hixson continued his regular routine of amateur boxing and weight training with some degree of pain.
In October 2002, Hixson complained of increased wrist pain to Dr. Gary Weisner, who discovered bilateral scaphoid fractures after reviewing x-rays of Hixson's wrists. Dr. Weisner referred Hixson for a left wrist bone graph surgery on December 9, 2002.
At a March 18, 2004, workers' compensation proceeding, the parties submitted the sole issue whether Hixson's alleged May 16, 2001, injury arose out of and occurred in the course of his employment with Save Mart. According to the minutes of the hearing, Save Mart defended its denial of the claim based on â€
