Home/Case Law/SONIA DIAZ vs. BALBOA WATER GROUP, FEDERAL INSURANCE COMPANY BY CHUBB GROUP OF INSURANCE COMPANIES
Regular DecisionReconsideration

SONIA DIAZ vs. BALBOA WATER GROUP, FEDERAL INSURANCE COMPANY BY CHUBB GROUP OF INSURANCE COMPANIES

Filed: May 01, 2017
Van Nuys
ADJ10360343

CompFox AI Summary

This case involves defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding applicant sustained a cumulative trauma (CT) injury. The defendant argued the claim was barred by the statute of limitations due to the applicant's prior legal representation and medical reports indicating a cumulative injury. The WCAB denied the petition, affirming the finding that the defendant failed to prove the date of injury and thus could not establish the statute of limitations defense. Crucially, the WCAB emphasized the applicant's language barrier and the defendant's failure to provide required notices, which tolled the statute of limitations.

Full Decision Text1 Pages

This case involves defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding applicant sustained a cumulative trauma (CT) injury. The defendant argued the claim was barred by the statute of limitations due to the applicant's prior legal representation and medical reports indicating a cumulative injury. The WCAB denied the petition, affirming the finding that the defendant failed to prove the date of injury and thus could not establish the statute of limitations defense. Crucially, the WCAB emphasized the applicant's language barrier and the defendant's failure to provide required notices, which tolled the statute of limitations.

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