CompFox AI Summary
The Workers' Compensation Appeals Board denied both the applicant's and defendant's petitions for reconsideration of the Administrative Law Judge's (ALJ) Findings of Fact. The ALJ found the applicant sustained a cumulative injury to his left shoulder and foot arising out of and occurring in the course of employment, and that the claim was not barred by the statute of limitations. The Board agreed with the ALJ's reasoning that the applicant's voluntary retirement and lack of awareness of the work-related nature of his cumulative trauma prevented an award of temporary disability benefits. The Board also upheld the ALJ's finding that the statute of limitations did not bar the claim, as the applicant did not know or should have known his condition was work-related until recently.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied both the applicant's and defendant's petitions for reconsideration of the Administrative Law Judge's (ALJ) Findings of Fact. The ALJ found the applicant sustained a cumulative injury to his left shoulder and foot arising out of and occurring in the course of employment, and that the claim was not barred by the statute of limitations. The Board agreed with the ALJ's reasoning that the applicant's voluntary retirement and lack of awareness of the work-related nature of his cumulative trauma prevented an award of temporary disability benefits. The Board also upheld the ALJ's finding that the statute of limitations did not bar the claim, as the applicant did not know or should have known his condition was work-related until recently.
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