CompFox AI Summary
The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming the finding that Richard Barrow's cumulative trauma injury, including spindle cell carcinoma and heart disease, was industrially caused. The Board found that the statute of limitations did not bar Barrow's claim as he did not know, nor should he have reasonably known, that his disability was work-related until later medical advice. The Board also upheld the temporary disability indemnity rate, finding it should be based on the date of payment, not the date of disability.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming the finding that Richard Barrow's cumulative trauma injury, including spindle cell carcinoma and heart disease, was industrially caused. The Board found that the statute of limitations did not bar Barrow's claim as he did not know, nor should he have reasonably known, that his disability was work-related until later medical advice. The Board also upheld the temporary disability indemnity rate, finding it should be based on the date of payment, not the date of disability.
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