CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to address the defendant's claim that the trial judge erred in determining the date of cumulative trauma without sufficient evidence on when the applicant knew or should have known her disability was work-related. The Board found merit in the defendant's argument that crucial evidence regarding the applicant's knowledge and the precise date of injury under Labor Code sections 5412 and 5500.5 is missing. Therefore, the case is returned to the trial level for further development of the record and a new decision.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to address the defendant's claim that the trial judge erred in determining the date of cumulative trauma without sufficient evidence on when the applicant knew or should have known her disability was work-related. The Board found merit in the defendant's argument that crucial evidence regarding the applicant's knowledge and the precise date of injury under Labor Code sections 5412 and 5500.5 is missing. Therefore, the case is returned to the trial level for further development of the record and a new decision.
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