Home/Case Law/RANDY ERWIN vs. GULFSTREAM AEROSPACE, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, BROADSPIRE
Regular DecisionRegular Panel Decision

RANDY ERWIN vs. GULFSTREAM AEROSPACE, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, BROADSPIRE

Filed: Jun 24, 2016
Santa Ana
ADJ9914316

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision barring the applicant's claim due to the statute of limitations. The Board found the WCJ's findings insufficient regarding whether the injury arose out of employment and the employer's duty to notify the applicant of their workers' compensation rights. Furthermore, the Board determined there was insufficient evidence to support the finding that no benefits were furnished, which is crucial for tolling the statute of limitations. The case was returned for further proceedings consistent with the Board's opinion.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision barring the applicant's claim due to the statute of limitations. The Board found the WCJ's findings insufficient regarding whether the injury arose out of employment and the employer's duty to notify the applicant of their workers' compensation rights. Furthermore, the Board determined there was insufficient evidence to support the finding that no benefits were furnished, which is crucial for tolling the statute of limitations. The case was returned for further proceedings consistent with the Board's opinion.

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RANDY ERWIN vs. GULFSTREAM AEROSPACE, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, BROADSPIRE (2016) – Santa Ana | CompFox