Legal Question in Workers Comp in California

No, you've got it twisted a bit. You have only 1 year from 'notice' that your ailment arose from your employment to put in writing to the employer you are asserting your rights under the Labor Code.

If you never reduced the claim to writing to the employer, the 5-yr 'clock' didn't start ticking.

Then, once you deliver or other make clear to the employer and/or Workers Comp Insurer this IS an industrial injury, you have only 5 years after that date of injury to prove any 'new and further' permanent disability or 'new & further' body systems were injured in this incident.

ONCE YOU ARE AWARDED FUTURE MEDICAL TREATMENT -- whether by a Judge at Trial, or as part of the settlement document 'Stipulations With Request For Award' -- the right to obtain 'reasonable' treatment from the insurer REMAINS WITH YOU FOR LIFE.

Because the State Legislature keeps re-writing the Labor Code to make it all but impossible to get that treatment timely (they put in a scheme where you get nothing for months and go to trial, so you'll either die or pay for your own care waiting for this horrific system to work), the ability to use the 'award' of Future Medical is not of much value.

Most people try to get as much cash as they can and 'settle out' Future Medical Award rights and either buy Obamacare (PCIP in California) or just pay cash for their treatment rather than wait the months and months it takes for insurance companies to deny all treatment requests then get an trial and then answer appeals.