CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was untimely filed. The defendant's claim of not being served with the award was refuted by proof of service and case law. Even if timely, the petition would have been denied because the defendant failed to meet its burden of proof to establish overlap with a prior award for a cardiac condition. Medical evidence indicated the current cardiac impairment was due to objective findings not present in the prior award.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was untimely filed. The defendant's claim of not being served with the award was refuted by proof of service and case law. Even if timely, the petition would have been denied because the defendant failed to meet its burden of proof to establish overlap with a prior award for a cardiac condition. Medical evidence indicated the current cardiac impairment was due to objective findings not present in the prior award.
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