Home/Case Law/VAJOS KALOMIROS vs. AGILENT TECHNOLOGIES (aka VARIAN, INC.) permissibly self-insured, SPECIALTY RISK PLEASANTON
Regular DecisionReconsideration

VAJOS KALOMIROS vs. AGILENT TECHNOLOGIES (aka VARIAN, INC.) permissibly self-insured, SPECIALTY RISK PLEASANTON

Filed: Dec 09, 2011
San Francisco
ADJ2834514 (RDG 0121099)

CompFox AI Summary

The Appeals Board reversed the WCJ's decision, finding the applicant's workers' compensation claim was not barred by the statute of limitations. The Board determined the defendant failed to meet its burden of proof in establishing that the applicant knew or should have known his pulmonary condition was work-related. Crucially, the applicant lacked medical confirmation of causation, and the WCJ's reliance on an anonymous letter and a consultation with an out-of-state attorney was deemed insufficient evidence. The case is returned to the WCJ for further proceedings on the merits.

Full Decision Text1 Pages

The Appeals Board reversed the WCJ's decision, finding the applicant's workers' compensation claim was not barred by the statute of limitations. The Board determined the defendant failed to meet its burden of proof in establishing that the applicant knew or should have known his pulmonary condition was work-related. Crucially, the applicant lacked medical confirmation of causation, and the WCJ's reliance on an anonymous letter and a consultation with an out-of-state attorney was deemed insufficient evidence. The case is returned to the WCJ for further proceedings on the merits.

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