CompFox AI Summary
The Appeals Board granted reconsideration and rescinded the prior decision, finding that the WCJ's handling of the Statute of Limitations defense in Case No. VNO 447334 requires further development of the record regarding potential tolling or estoppel. The Board returned Cases No. VNO 447332 and VNO 447334 to the trial level for further proceedings and a new decision, while affirming the WCJ's finding of no industrial injury in Case No. VNO 467294. The Board clarified that estoppel was timely raised in post-trial briefs and that the employer's knowledge of the applicant's compensation rights is crucial to the Statute of Limitations defense.
Full Decision Text1 Pages
The Appeals Board granted reconsideration and rescinded the prior decision, finding that the WCJ's handling of the Statute of Limitations defense in Case No. VNO 447334 requires further development of the record regarding potential tolling or estoppel. The Board returned Cases No. VNO 447332 and VNO 447334 to the trial level for further proceedings and a new decision, while affirming the WCJ's finding of no industrial injury in Case No. VNO 467294. The Board clarified that estoppel was timely raised in post-trial briefs and that the employer's knowledge of the applicant's compensation rights is crucial to the Statute of Limitations defense.
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