CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a dismissal for untimely filing of a death benefit claim. The applicant argued the claim was presumed compensable due to delayed denial and timely filed under relevant statutes. The Board found the defendant failed to meet its burden of proof regarding the statute of limitations. The case is returned to the trial level for further proceedings to determine the "date of injury" for cumulative trauma, which is crucial for calculating the 240-week filing deadline.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a dismissal for untimely filing of a death benefit claim. The applicant argued the claim was presumed compensable due to delayed denial and timely filed under relevant statutes. The Board found the defendant failed to meet its burden of proof regarding the statute of limitations. The case is returned to the trial level for further proceedings to determine the "date of injury" for cumulative trauma, which is crucial for calculating the 240-week filing deadline.
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