CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration as premature because the record lacked evidence regarding her fraud claim. The Board found the applicant's petition to be timely despite an initial finding of defective service by the WCJ, due to discrepancies in service statements. Ultimately, the Board returned the matter to the trial level to allow for a hearing where evidence supporting the fraud allegations can be presented and a record can be established. The applicant may then file a timely reconsideration petition after a new decision is issued.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration as premature because the record lacked evidence regarding her fraud claim. The Board found the applicant's petition to be timely despite an initial finding of defective service by the WCJ, due to discrepancies in service statements. Ultimately, the Board returned the matter to the trial level to allow for a hearing where evidence supporting the fraud allegations can be presented and a record can be established. The applicant may then file a timely reconsideration petition after a new decision is issued.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.