Home/Case Law/JANET MAUS-SCHAD vs. LAW OFFICES OF JAVIER A. ALABART, EMPLOYERS COMPENSATION INSURANCE COMPANY
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JANET MAUS-SCHAD vs. LAW OFFICES OF JAVIER A. ALABART, EMPLOYERS COMPENSATION INSURANCE COMPANY

Filed: Nov 09, 2016
Fresno
ADJ9876617

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to review a prior decision finding applicant sustained injury AOE/COE and rejecting defendants' statute of limitations and other defenses. The Board rescinded the prior decision and returned the matter to the WCJ for further development of the record. Specifically, the Board found that while the defendants' argument that a prior settlement barred the current claim was legally unsupported, the medical evidence on causation was insufficient and inconsistent, requiring further development. The Board also noted that the issue of injury AOE/COE was not explicitly submitted for decision at trial, despite the WCJ's finding.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to review a prior decision finding applicant sustained injury AOE/COE and rejecting defendants' statute of limitations and other defenses. The Board rescinded the prior decision and returned the matter to the WCJ for further development of the record. Specifically, the Board found that while the defendants' argument that a prior settlement barred the current claim was legally unsupported, the medical evidence on causation was insufficient and inconsistent, requiring further development. The Board also noted that the issue of injury AOE/COE was not explicitly submitted for decision at trial, despite the WCJ's finding.

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