Home/Case Law/SANDRA AREBALO vs. MELISSA & ARTUR SPOKOJNY, SPECIALTY RISK SERVICES c/o ALL STATE INSURANCE COMPANY
Regular DecisionReconsideration

SANDRA AREBALO vs. MELISSA & ARTUR SPOKOJNY, SPECIALTY RISK SERVICES c/o ALL STATE INSURANCE COMPANY

Filed: Oct 31, 2008
San Francisco
ADJ4543302 (LBO 0384577) ADJ4573415 (LBO 0384579)

CompFox AI Summary

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, reversing a prior ruling. The Board found that the applicant's specific injury claim was barred by Labor Code section 3352(h) because she did not meet the minimum hours or earnings threshold for an employee. Additionally, the Board determined that the applicant's cumulative trauma claim was barred by Labor Code section 3600(a)(10) as it was filed after notice of termination. Consequently, the applicant will take nothing from her claims.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, reversing a prior ruling. The Board found that the applicant's specific injury claim was barred by Labor Code section 3352(h) because she did not meet the minimum hours or earnings threshold for an employee. Additionally, the Board determined that the applicant's cumulative trauma claim was barred by Labor Code section 3600(a)(10) as it was filed after notice of termination. Consequently, the applicant will take nothing from her claims.

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