CompFox AI Summary
The Workers' Compensation Appeals Board rescinded a prior award due to insufficient analysis of statute of limitations defenses raised by both the DMV and CDSS. The Board found that the trial judge did not adequately develop the record regarding when the statute of limitations began to run for the applicant's cumulative trauma and specific injury claims. Issues concerning the timeliness of claims, notice requirements, and the nature of cumulative trauma injuries require further development and adjudication at the trial level. Therefore, the case was remanded for further proceedings to address these statute of limitations issues and other arguments previously raised by the defendants.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded a prior award due to insufficient analysis of statute of limitations defenses raised by both the DMV and CDSS. The Board found that the trial judge did not adequately develop the record regarding when the statute of limitations began to run for the applicant's cumulative trauma and specific injury claims. Issues concerning the timeliness of claims, notice requirements, and the nature of cumulative trauma injuries require further development and adjudication at the trial level. Therefore, the case was remanded for further proceedings to address these statute of limitations issues and other arguments previously raised by the defendants.
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