CompFox AI Summary
In this workers' compensation death benefit claim, the defendant employer sought reconsideration of a finding that the decedent sustained injury arising out of and in the course of employment. The appeals board affirmed the decision, primarily because the employer failed to timely deny the claim within the 90-day statutory period. This untimely denial created a rebuttable presumption of compensability under Labor Code section 5402(b). The defendant's argument regarding the "going and coming" rule became moot as they failed to raise any objection to the timeliness of the denial in their petition. Therefore, the original findings and award of death benefits were affirmed.
Full Decision Text1 Pages
In this workers' compensation death benefit claim, the defendant employer sought reconsideration of a finding that the decedent sustained injury arising out of and in the course of employment. The appeals board affirmed the decision, primarily because the employer failed to timely deny the claim within the 90-day statutory period. This untimely denial created a rebuttable presumption of compensability under Labor Code section 5402(b). The defendant's argument regarding the "going and coming" rule became moot as they failed to raise any objection to the timeliness of the denial in their petition. Therefore, the original findings and award of death benefits were affirmed.
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