Cal. Codes » Labor Code / DIVISION 4. WORKERS' COMPENSATION AND INSURANCE / PART 4. COMPENSATION PROCEEDINGS / CHAPTER 2. Limitations of Proceedings
California Codes

Cal. Labor Code § 5404.5 (2026)

Limitations of Proceedings

✓ current as of May 2026
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(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.

Notes of Decisions
Cited in 2 cases, 1997–2003 · leading case: Simi Corp. v. Garamendi, 68 Cal. Comp. Cases 909 (Cal. Ct. App. 2003).
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Simi Corp. v. Garamendi, 68 Cal. Comp. Cases 909 (Cal. Ct. App. 2003). “(Lab. Code § 5404.5, subd. (a).) Instead of suing its insurer for failing to report the three claims at issue here, all of which were filed in the 1990-1993 period, as “declared noncompensable,” Simi Corporation could have availed itself of this remedy, through the process…”
Ralphs Grocery Co. v. Workers' Comp. Appeals Bd., 62 Cal. Comp. Cases 1399 (Cal. Ct. App. 1997). “(Lab. Code, § 5404.5.) Mrs. Moeller filed an application, but beyond the 180-day period.”
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