Home/Case Law/DARLENE MORALES vs. STATE COMPENSATION INSURANCE FUND; Permissibly Self-Insured, adjusted by AIMS
Regular DecisionRegular Panel Decision

DARLENE MORALES vs. STATE COMPENSATION INSURANCE FUND; Permissibly Self-Insured, adjusted by AIMS

Filed: Jul 19, 2018
Van Nuys
ADJ9734069

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The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision finding applicant's claim barred by the statute of limitations due to the WCJ improperly placing the burden of proof on the applicant.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The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision finding applicant's claim barred by the statute of limitations due to the WCJ improperly placing the burden of proof on the applicant.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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