CompFox AI Summary
The applicant sought reconsideration of a WCJ's decision denying her workers' compensation claim due to a lack of timely employer notification before termination. The applicant argued she couldn't prepare for this defense as it was raised late and presented new evidence showing treatment during employment. The Appeals Board rescinded the WCJ's order, finding the applicant demonstrated due diligence in obtaining medical records previously thought unavailable. The case is returned to the trial level for the WCJ to consider Dr. Zaki's records and the applicant's arguments under Labor Code §3600(a)(10)(B).
Full Decision Text1 Pages
The applicant sought reconsideration of a WCJ's decision denying her workers' compensation claim due to a lack of timely employer notification before termination. The applicant argued she couldn't prepare for this defense as it was raised late and presented new evidence showing treatment during employment. The Appeals Board rescinded the WCJ's order, finding the applicant demonstrated due diligence in obtaining medical records previously thought unavailable. The case is returned to the trial level for the WCJ to consider Dr. Zaki's records and the applicant's arguments under Labor Code §3600(a)(10)(B).
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