CompFox AI Summary
This case involves two claims: one for a specific right upper extremity injury and another for a cumulative trauma injury to multiple body parts. The defendant appealed the finding that their statute of limitations defense was invalid for the cumulative trauma claim. The Board rescinded the original decision, finding the prior notice of injury insufficient to bar the statute of limitations defense on the cumulative claim. The matter was returned to the trial level for further development of the record, particularly regarding the date of injury, causation, and apportionment, and to clarify the Agreed Medical Examiner's opinions.
Full Decision Text1 Pages
This case involves two claims: one for a specific right upper extremity injury and another for a cumulative trauma injury to multiple body parts. The defendant appealed the finding that their statute of limitations defense was invalid for the cumulative trauma claim. The Board rescinded the original decision, finding the prior notice of injury insufficient to bar the statute of limitations defense on the cumulative claim. The matter was returned to the trial level for further development of the record, particularly regarding the date of injury, causation, and apportionment, and to clarify the Agreed Medical Examiner's opinions.
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