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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