If an injury is not denied within 90 days it is?

• A. not compensable
• B. denied
• C. presumed compensable
• D. pending

Answer: (C)

In California workers’ compensation, there is a 90-day rule: the employer/claims administrator has 90 days to accept or deny a claim after being notified. If they do not deny the claim within that period, the claim is presumed compensable. That means the injury is treated as compensable for purposes of benefits, and the burden shifts to the employer to rebut the presumption if they later dispute it. So the correct understanding is that the claim is presumed compensable when there’s no denial within 90 days.

Why the other options don’t fit: not compensable would imply clear denial or evidence the injury isn’t work-related, which isn’t the situation here. Denied would require an action denying the claim within the 90-day window. Pending suggests a temporary status, but the actual rule creates a presumption of compensability rather than leaving the claim simply pending.