Home/Case Law/MIRNA SOSA vs. JESI-CARE, INC., STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

MIRNA SOSA vs. JESI-CARE, INC., STATE COMPENSATION INSURANCE FUND

Filed: Jun 06, 2008
LAO 0869924

CompFox AI Summary

The applicant's claim for workers' compensation was denied because the evidence did not support her claim of an industrial injury, and the claim was barred by the statute of limitations and post-termination claim rules. The Board found the applicant's testimony regarding reporting the injury to be not credible, citing contradictory medical evidence and employer testimony. Because the applicant did not report the alleged injury within one year of its occurrence, the statute of limitations was not tolled, and the claim also failed as a post-termination claim due to lack of employer notice or medical records indicating injury prior to termination.

Full Decision Text1 Pages

The applicant's claim for workers' compensation was denied because the evidence did not support her claim of an industrial injury, and the claim was barred by the statute of limitations and post-termination claim rules. The Board found the applicant's testimony regarding reporting the injury to be not credible, citing contradictory medical evidence and employer testimony. Because the applicant did not report the alleged injury within one year of its occurrence, the statute of limitations was not tolled, and the claim also failed as a post-termination claim due to lack of employer notice or medical records indicating injury prior to termination.

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MIRNA SOSA vs. JESI-CARE, INC., STATE COMPENSATION INSURANCE FUND (2008) – | CompFox