CompFox AI Summary
This case concerns a workers' compensation claim for a neck and spine injury. The applicant's attorney provided proof of service for the claim form on the defendant employer on March 16, 2018, and later sent a copy to the defendant insurance carrier. The defendant denied the claim on April 29, 2019, and argued that the claim should not be presumed compensable as the applicant did not prove receipt of the claim form. The Board upheld the WCJ's decision, finding that the proof of service created a presumption of receipt that the defendant failed to rebut. Therefore, the applicant's claim is presumed compensable under Labor Code Section 5402 as the defendant did not reject liability within 90 days.
Full Decision Text1 Pages
This case concerns a workers' compensation claim for a neck and spine injury. The applicant's attorney provided proof of service for the claim form on the defendant employer on March 16, 2018, and later sent a copy to the defendant insurance carrier. The defendant denied the claim on April 29, 2019, and argued that the claim should not be presumed compensable as the applicant did not prove receipt of the claim form. The Board upheld the WCJ's decision, finding that the proof of service created a presumption of receipt that the defendant failed to rebut. Therefore, the applicant's claim is presumed compensable under Labor Code Section 5402 as the defendant did not reject liability within 90 days.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.