Home/Case Law/LYNN CHITTICK vs. HEART OF HUMANITY HOME HEALTH CARE SERVICES, NORGUARD INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.
Regular DecisionPetition for Reconsideration

LYNN CHITTICK vs. HEART OF HUMANITY HOME HEALTH CARE SERVICES, NORGUARD INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

Filed: Sep 13, 2022
San Francisco
ADJ14742380, ADJ14742854

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, affirming the WCJ's findings. The WCJ found the applicant's testimony regarding a December 16, 2019 injury report credible, while finding the employer's witnesses inconsistent. The Board also noted the defendant's petition lacked proper evidentiary citations, a violation of WCAB rules. Furthermore, the employer was estopped from asserting the statute of limitations as the applicant was misinformed by management about workers' compensation coverage.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, affirming the WCJ's findings. The WCJ found the applicant's testimony regarding a December 16, 2019 injury report credible, while finding the employer's witnesses inconsistent. The Board also noted the defendant's petition lacked proper evidentiary citations, a violation of WCAB rules. Furthermore, the employer was estopped from asserting the statute of limitations as the applicant was misinformed by management about workers' compensation coverage.

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LYNN CHITTICK vs. HEART OF HUMANITY HOME HEALTH CARE SERVICES, NORGUARD INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC. (2022) – San Francisco | CompFox