CompFox AI Summary
This case concerns an applicant's workers' compensation claim that was initially denied. The applicant sought reconsideration, arguing the claim should be presumed compensable under Labor Code section 5402(b) due to the employer's failure to deny the claim within 90 days. The Board granted reconsideration, rescinded the prior decision, and found the injury presumed compensable. This presumption stands because the employer provided medical treatment for 2.5 years and failed to present evidence of a timely denial or evidence discovered outside the 90-day window.
Full Decision Text1 Pages
This case concerns an applicant's workers' compensation claim that was initially denied. The applicant sought reconsideration, arguing the claim should be presumed compensable under Labor Code section 5402(b) due to the employer's failure to deny the claim within 90 days. The Board granted reconsideration, rescinded the prior decision, and found the injury presumed compensable. This presumption stands because the employer provided medical treatment for 2.5 years and failed to present evidence of a timely denial or evidence discovered outside the 90-day window.
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