CompFox AI Summary
The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, rescinding the prior findings. The Board found that the statute of limitations defense for the death claim was not sufficiently proven by the defendant. Specifically, the defendant failed to establish when the applicant knew or should have known the decedent's death was industrially related, which is crucial for determining the date of injury in cumulative trauma cases. Furthermore, the Board found that the amendment to the death claim application should relate back to the original filing date and was improperly dismissed. The case was returned to the trial level for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, rescinding the prior findings. The Board found that the statute of limitations defense for the death claim was not sufficiently proven by the defendant. Specifically, the defendant failed to establish when the applicant knew or should have known the decedent's death was industrially related, which is crucial for determining the date of injury in cumulative trauma cases. Furthermore, the Board found that the amendment to the death claim application should relate back to the original filing date and was improperly dismissed. The case was returned to the trial level for further proceedings.
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