Case Law Database

FRANK SOFER vs. VERA CAMPBELL KDWZ, TOWER GROUP COMPANIES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the applicant was an employee of Vera Campbell and KDWZ. The Board agreed with the Administrative Law Judge's report, which found the applicant's claim was not barred by the statute of limitations due to equitable tolling. This equitable tolling was based on the applicant's timely civil lawsuit against the employer for failing to provide workers' compensation insurance, which alerted the defendant to the potential claim. The Board also noted the defendant presented no evidence to rebut the applicant's medical evidence of injury.