CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a decision finding no industrial injury. The Board found the applicant's petition was not timely acted upon, but due process warranted consideration as it eventually received notice. The Board determined the applicant's performance of manual labor, even if not his primary duty, was beneficial to the employer and thus arose out of and occurred in the course of employment. Therefore, the original findings were rescinded, and it was determined the applicant sustained an industrial injury.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a decision finding no industrial injury. The Board found the applicant's petition was not timely acted upon, but due process warranted consideration as it eventually received notice. The Board determined the applicant's performance of manual labor, even if not his primary duty, was beneficial to the employer and thus arose out of and occurred in the course of employment. Therefore, the original findings were rescinded, and it was determined the applicant sustained an industrial injury.
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