CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior finding that the applicant's 2008 injury claim was barred by the statute of limitations. The Board determined that imputed knowledge from the applicant's attorney does not constitute actual knowledge for tolling purposes. The employer's failure to provide statutory notice of rights, coupled with the applicant's lack of actual knowledge, prejudiced the applicant. Therefore, the Board found the applicant's claim for the November 8, 2008 injury is not barred by the statute of limitations, deferring other issues.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior finding that the applicant's 2008 injury claim was barred by the statute of limitations. The Board determined that imputed knowledge from the applicant's attorney does not constitute actual knowledge for tolling purposes. The employer's failure to provide statutory notice of rights, coupled with the applicant's lack of actual knowledge, prejudiced the applicant. Therefore, the Board found the applicant's claim for the November 8, 2008 injury is not barred by the statute of limitations, deferring other issues.
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