CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision finding applicant's claim barred by the statute of limitations due to the WCJ improperly placing the burden of proof on the applicant. The WCAB determined that the defendant bears the burden of proving the statute of limitations defense. Further development of the record is necessary to establish when the applicant had both knowledge and disability, as there is no clear medical advice in the record indicating her conditions were work-related. The case is returned to the trial level for further proceedings and a new decision.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision finding applicant's claim barred by the statute of limitations due to the WCJ improperly placing the burden of proof on the applicant. The WCAB determined that the defendant bears the burden of proving the statute of limitations defense. Further development of the record is necessary to establish when the applicant had both knowledge and disability, as there is no clear medical advice in the record indicating her conditions were work-related. The case is returned to the trial level for further proceedings and a new decision.
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