CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the prior decision that the applicant's 1992 injury claim was not barred by the statute of limitations. The Board found the evidence supported the conclusion that the applicant completed and filed a claim form with his employer. Furthermore, the Board clarified it did not adopt the WCJ's laches analysis, and any such defense would require a showing of prejudice, which was not established. The defendant's arguments regarding the claim form and laches were thus rejected.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the prior decision that the applicant's 1992 injury claim was not barred by the statute of limitations. The Board found the evidence supported the conclusion that the applicant completed and filed a claim form with his employer. Furthermore, the Board clarified it did not adopt the WCJ's laches analysis, and any such defense would require a showing of prejudice, which was not established. The defendant's arguments regarding the claim form and laches were thus rejected.
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