WC: presumption injuries under Lab. Code 3212-3212.85 and 3212.9-3213.2: presumed compensable if not rejected within 75 days
75 days after date the claim form was filed with the employer under lab. code 5401, under Cal. Lab. Code 5402(b)(2).
Rule text
(2) Notwithstanding paragraph (1), for injuries or illnesses defined in Sections 3212 to 3212.85, inclusive, and Sections 3212.9 to 3213.2, inclusive, if the liability is not rejected within 75 days after the date the claim form is filed pursuant to Section 5401, the injury shall be presumed compensable under this division. The presumption of this subdivision is rebuttable only by evidence discovered subsequent to the 75-day period.
Calculate this deadline
- Trigger (Date the claim form was filed with the employer under Lab. Code 5401): Friday, November 6, 2026.
- Exclude the trigger day and count 75 calendar days: Wednesday, January 20, 2027.
Cal. Lab. Code 5402(b)(2)
(2) Notwithstanding paragraph (1), for injuries or illnesses defined in Sections 3212 to 3212.85, inclusive, and Sections 3212.9 to 3213.2, inclusive, if the liability is not rejected within 75 days after the date the claim form is filed pursuant to Section 5401, the injury shall be presumed compensable under this division. The presumption of this subdivision is rebuttable only by evidence discovered subsequent to the 75-day period.Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."Official source
- Applies only to injuries or illnesses defined in Lab. Code 3212 to 3212.85 and 3212.9 to 3213.2 (statutory presumptions for public safety and similar employees). See wc_claim_presumed_compensable_90_days.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the claim form was filed with the employer under Lab. Code 5401 on Monday, March 15, 2027, personal service: due Saturday, May 29, 2027.
- Trigger (Date the claim form was filed with the employer under Lab. Code 5401): Monday, March 15, 2027.
- Exclude the trigger day and count 75 calendar days: Saturday, May 29, 2027.
- That day is a Saturday, but this date is fixed by the rule and does not move: Saturday, May 29, 2027.
Notes
Applies only to injuries or illnesses defined in Lab. Code 3212 to 3212.85 and 3212.9 to 3213.2 (statutory presumptions for public safety and similar employees). See wc_claim_presumed_compensable_90_days.
Related deadlines
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.