Home/Case Law/Dawn May vs. West Valley/Mission College, California Insurance Guarantee Association for Fremont Compensation Insurance in liquidation, Subsequent Injuries Benefits Trust Fund
Regular DecisionReconsideration

Dawn May vs. West Valley/Mission College, California Insurance Guarantee Association for Fremont Compensation Insurance in liquidation, Subsequent Injuries Benefits Trust Fund

Filed: May 10, 2010
ADJ4219530 (SJO 0221066)

CompFox AI Summary

The applicant sought reconsideration of a WCJ's finding that her claim for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits was untimely. The WCJ based this on the applicant's knowledge of potential SIBTF liability by July 2004 and her filing in December 2008. The Appeals Board granted reconsideration, finding the claim was filed within a "reasonable time" as per Talcott. The Board determined that an award of permanent disability had not issued before the applicant filed her SIBTF claim and found no prejudice to the SIBTF, thus rescinding the WCJ's order.

Full Decision Text1 Pages

The applicant sought reconsideration of a WCJ's finding that her claim for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits was untimely. The WCJ based this on the applicant's knowledge of potential SIBTF liability by July 2004 and her filing in December 2008. The Appeals Board granted reconsideration, finding the claim was filed within a "reasonable time" as per Talcott. The Board determined that an award of permanent disability had not issued before the applicant filed her SIBTF claim and found no prejudice to the SIBTF, thus rescinding the WCJ's order.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.