CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior decision, and returned the case to trial. The Board found the original judge erred by conflating notice requirements under Labor Code section 5402 and Rule 9812(i) with the commencement of the 90-day presumption period. This error prevented a proper determination of whether the defendant timely rejected the claim or was estopped from arguing the presumption of compensability did not apply. The case must be re-evaluated for further proceedings to ensure due process.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior decision, and returned the case to trial. The Board found the original judge erred by conflating notice requirements under Labor Code section 5402 and Rule 9812(i) with the commencement of the 90-day presumption period. This error prevented a proper determination of whether the defendant timely rejected the claim or was estopped from arguing the presumption of compensability did not apply. The case must be re-evaluated for further proceedings to ensure due process.
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