Home/Case Law/LA VERNE KELLY-LUSK vs. DELTA AIRLINES, INC.; ACE USA, Administered By ESIS
Regular DecisionReconsideration

LA VERNE KELLY-LUSK vs. DELTA AIRLINES, INC.; ACE USA, Administered By ESIS

Filed: Jun 05, 2009
ADJ927676 (MON 0354428)

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration of the finding that applicant's claim is barred by the statute of limitations. The applicant alleged cumulative industrial injury as a flight attendant from 1973 to 1993, but filed her claim over 14 years after her employment ended. Medical reports in 2002 and 2004 linked her condition to her work, establishing her knowledge of industrial causation. The Board found the applicant's arguments regarding tolling due to lack of a claim form unconvincing given the medical evidence of her knowledge.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration of the finding that applicant's claim is barred by the statute of limitations. The applicant alleged cumulative industrial injury as a flight attendant from 1973 to 1993, but filed her claim over 14 years after her employment ended. Medical reports in 2002 and 2004 linked her condition to her work, establishing her knowledge of industrial causation. The Board found the applicant's arguments regarding tolling due to lack of a claim form unconvincing given the medical evidence of her knowledge.

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