Home/Case Law/KEITH AUSTIN vs. DANA MOTORS, PREFERRED EMPLOYER INSURANCE COMPANY, CIGA on behalf of LEGION INSURANCE COMPANY in liquidation
Regular DecisionReconsideration

KEITH AUSTIN vs. DANA MOTORS, PREFERRED EMPLOYER INSURANCE COMPANY, CIGA on behalf of LEGION INSURANCE COMPANY in liquidation

Filed: Jan 13, 2012
ADJ3887102 (STK 0178493) ADJ7138642

CompFox AI Summary

In this case, the defendant sought reconsideration of a decision that found the injured worker's cumulative trauma claim was not time-barred. The parties had stipulated that the sole issue for trial was the statute of limitations, not the existence of the injury itself. The Appeals Board granted the petition to amend the findings, clarifying that the cumulative trauma claim is not barred by the statute of limitations. All other issues, including the extent of injury, are deferred for further proceedings.

Full Decision Text1 Pages

In this case, the defendant sought reconsideration of a decision that found the injured worker's cumulative trauma claim was not time-barred. The parties had stipulated that the sole issue for trial was the statute of limitations, not the existence of the injury itself. The Appeals Board granted the petition to amend the findings, clarifying that the cumulative trauma claim is not barred by the statute of limitations. All other issues, including the extent of injury, are deferred for further proceedings.

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