CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, finding the defendant failed to prove the statute of limitations barred the applicant's back cumulative injury claim. The Board found insufficient evidence that the applicant knew or should have known her back injury was industrially caused more than one year before filing, absent legal or medical advice explaining cumulative trauma. Therefore, the previous award was rescinded and the matter returned for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, finding the defendant failed to prove the statute of limitations barred the applicant's back cumulative injury claim. The Board found insufficient evidence that the applicant knew or should have known her back injury was industrially caused more than one year before filing, absent legal or medical advice explaining cumulative trauma. Therefore, the previous award was rescinded and the matter returned for further proceedings.
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