Home/Case Law/MARTHA SOLTERO vs. DEPARTMENT OF SOCIAL SERVICES / IHSS, YORK SERVICES
Regular DecisionReconsideration

MARTHA SOLTERO vs. DEPARTMENT OF SOCIAL SERVICES / IHSS, YORK SERVICES

Filed: Nov 01, 2016
Stockton
ADJ9429450

CompFox AI Summary

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the administrative law judge's decision. The Board found that the employee's claim was not barred by the statute of limitations because the employer failed to provide legally adequate notice of her rights in a language she understood. Additionally, the Board affirmed that the employee's injury sustained while moving furniture at a client's request arose out of and occurred in the course of her employment. The decision emphasizes the employer's burden to prove statute of limitations defenses and the liberal construction of employment-related injury definitions in favor of the employee.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the administrative law judge's decision. The Board found that the employee's claim was not barred by the statute of limitations because the employer failed to provide legally adequate notice of her rights in a language she understood. Additionally, the Board affirmed that the employee's injury sustained while moving furniture at a client's request arose out of and occurred in the course of her employment. The decision emphasizes the employer's burden to prove statute of limitations defenses and the liberal construction of employment-related injury definitions in favor of the employee.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.