Home/Case Law/Melanie Gaines vs. Beardsley School District
Regular DecisionReconsideration

Melanie Gaines vs. Beardsley School District

Filed: Dec 11, 2020
Bakersfield
ADJ12261614

CompFox AI Summary

This case concerns Melanie Gaines' workers' compensation claim against Beardsley School District for a right foot injury sustained in April 2018. The Appeals Board granted reconsideration, affirming the finding of injury AOE/COE but deferring the determination of temporary disability from August 5, 2019, onward. The Board found that the claimant's testimony and the QME's report constituted substantial evidence for the injury, and the claim was not barred by the statute of limitations due to the employer not proving prejudice from the delayed notice. The case is returned to the WCJ for further proceedings to develop the record on temporary disability and attorney fees.

Full Decision Text1 Pages

This case concerns Melanie Gaines' workers' compensation claim against Beardsley School District for a right foot injury sustained in April 2018. The Appeals Board granted reconsideration, affirming the finding of injury AOE/COE but deferring the determination of temporary disability from August 5, 2019, onward. The Board found that the claimant's testimony and the QME's report constituted substantial evidence for the injury, and the claim was not barred by the statute of limitations due to the employer not proving prejudice from the delayed notice. The case is returned to the WCJ for further proceedings to develop the record on temporary disability and attorney fees.

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