CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award denying the applicant's claim. The WCAB found that crucial evidence regarding the employer's receipt date of the claim form was missing from the record. Therefore, the case was returned to the trial level for further proceedings to determine if the employer timely denied the claim within 90 days of receipt. If not, the employer may be presumed liable unless they can rebut the presumption with subsequently discovered evidence.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award denying the applicant's claim. The WCAB found that crucial evidence regarding the employer's receipt date of the claim form was missing from the record. Therefore, the case was returned to the trial level for further proceedings to determine if the employer timely denied the claim within 90 days of receipt. If not, the employer may be presumed liable unless they can rebut the presumption with subsequently discovered evidence.
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