Home/Case Law/CARLOS POLK vs. CHARGERS FOOTBALL COMPANY, LLC, dba SAN DIEGO CHARGERS, GREAT DIVIDE INSURANCE COMPANY, adjusted by BERKLEY SPECIALTY UNDERWRITING MANAGERS LLC
Regular DecisionWorkers' Compensation

CARLOS POLK vs. CHARGERS FOOTBALL COMPANY, LLC, dba SAN DIEGO CHARGERS, GREAT DIVIDE INSURANCE COMPANY, adjusted by BERKLEY SPECIALTY UNDERWRITING MANAGERS LLC

Filed: Jan 19, 2016
Santa Ana
ADJ7171471

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award, affirming the applicant's cumulative injury claim against the Chargers Football Company. The Board found that the applicant's medical reports from Drs. Fonseca and Nudleman were admissible as treating and consulting physician reports, respectively. Crucially, the Board upheld the administrative law judge's finding that the statute of limitations did not bar the claim, as the employer failed to prove the applicant had actual knowledge of his right to file a workers' compensation claim. The prior award for permanent partial disability, medical treatment, and attorney's fees was thus affirmed.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award, affirming the applicant's cumulative injury claim against the Chargers Football Company. The Board found that the applicant's medical reports from Drs. Fonseca and Nudleman were admissible as treating and consulting physician reports, respectively. Crucially, the Board upheld the administrative law judge's finding that the statute of limitations did not bar the claim, as the employer failed to prove the applicant had actual knowledge of his right to file a workers' compensation claim. The prior award for permanent partial disability, medical treatment, and attorney's fees was thus affirmed.

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