Home/Case Law/ANTONIO PEREIRA vs. WALTERS & WOLF GLASS COMPANY, INC., ARCH INSURANCE COMPANY
Regular DecisionReconsideration

ANTONIO PEREIRA vs. WALTERS & WOLF GLASS COMPANY, INC., ARCH INSURANCE COMPANY

Filed: Oct 23, 2017
Stockton
ADJ10808689

CompFox AI Summary

This case concerns a workers' compensation claim for cumulative trauma injury to the applicant's back, neck, and hand. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior administrative order dismissing the defendant without prejudice. The WCAB found it premature to dismiss the defendant because the applicant's legal date of injury and the corresponding one-year liability period under Labor Code section 5500.5 had not yet been determined. The WCAB returned the matter to the trial level for further proceedings, emphasizing the applicant's burden to prove injurious exposure during his employment with the defendant.

Full Decision Text1 Pages

This case concerns a workers' compensation claim for cumulative trauma injury to the applicant's back, neck, and hand. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior administrative order dismissing the defendant without prejudice. The WCAB found it premature to dismiss the defendant because the applicant's legal date of injury and the corresponding one-year liability period under Labor Code section 5500.5 had not yet been determined. The WCAB returned the matter to the trial level for further proceedings, emphasizing the applicant's burden to prove injurious exposure during his employment with the defendant.

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