Home/Case Law/STEVE PAUL DELMAR vs. CONCORDE BATTERY CORPORATION, ALASKA NATIONAL INSURANCE COMPANY
Regular DecisionRegular Panel Decision

STEVE PAUL DELMAR vs. CONCORDE BATTERY CORPORATION, ALASKA NATIONAL INSURANCE COMPANY

Filed: Nov 09, 2018
Pomona
ADJ11134083

CompFox AI Summary

This case involves a defendant's petition for reconsideration, arguing the applicant's workers' compensation claim was barred by the statute of limitations. The Workers' Compensation Appeals Board denied the petition, upholding the administrative law judge's finding that the defendant failed to prove the applicant knew his disability was industrially caused. Crucially, the Board found no medical evidence or applicant testimony establishing a date of disability, and the applicant's role in managing workers' compensation claims did not equate to knowledge of his own industrial injury. Therefore, the defendant did not meet its burden to establish the date of injury for statute of limitations purposes.

Full Decision Text1 Pages

This case involves a defendant's petition for reconsideration, arguing the applicant's workers' compensation claim was barred by the statute of limitations. The Workers' Compensation Appeals Board denied the petition, upholding the administrative law judge's finding that the defendant failed to prove the applicant knew his disability was industrially caused. Crucially, the Board found no medical evidence or applicant testimony establishing a date of disability, and the applicant's role in managing workers' compensation claims did not equate to knowledge of his own industrial injury. Therefore, the defendant did not meet its burden to establish the date of injury for statute of limitations purposes.

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