Home/Case Law/KAREN CLARK (Deceased) JEFFREY J. CLARK(Dependent) vs. AIRBORNE EXPRESS/DHL, AMERICAN MANUFACTURER'S INSURANCE COMPANY/SEDGWICK CLAIMS MANAGEMENT SERVICES
Regular DecisionReconsideration

KAREN CLARK (Deceased) JEFFREY J. CLARK(Dependent) vs. AIRBORNE EXPRESS/DHL, AMERICAN MANUFACTURER'S INSURANCE COMPANY/SEDGWICK CLAIMS MANAGEMENT SERVICES

Filed: Jun 20, 2011
San Francisco
ADJ1707650 (SAL 0075628)

CompFox AI Summary

The applicant sought reconsideration of a decision that barred their death benefit claim due to the statute of limitations. They argued that compensable consequence injuries should be treated as new injuries, with the date of knowledge of industrial causation being the relevant date. The Workers' Compensation Appeals Board granted reconsideration, adopting the judge's report, and amended the findings. The amended finding clarifies the injured worker's death from a Fentanyl overdose and asserts it was a compensable consequence of a prior industrial injury.

Full Decision Text1 Pages

The applicant sought reconsideration of a decision that barred their death benefit claim due to the statute of limitations. They argued that compensable consequence injuries should be treated as new injuries, with the date of knowledge of industrial causation being the relevant date. The Workers' Compensation Appeals Board granted reconsideration, adopting the judge's report, and amended the findings. The amended finding clarifies the injured worker's death from a Fentanyl overdose and asserts it was a compensable consequence of a prior industrial injury.

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KAREN CLARK (Deceased) JEFFREY J. CLARK(Dependent) vs. AIRBORNE EXPRESS/DHL, AMERICAN MANUFACTURER'S INSURANCE COMPANY/SEDGWICK CLAIMS MANAGEMENT SERVICES (2011) – San Francisco | CompFox