CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the defendants' Petition for Removal and denied their Petition for Reconsideration. The Board found that removal was inappropriate as the WCJ's decision on the statute of limitations addressed a threshold issue, making reconsideration the proper remedy. The defendants' arguments regarding the statute of limitations were rejected, as the employer voluntarily provided medical treatment, extending the limitations period. Furthermore, the court found the statute of limitations was tolled due to the defendant's failure to provide proper notice of the applicant's rights.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the defendants' Petition for Removal and denied their Petition for Reconsideration. The Board found that removal was inappropriate as the WCJ's decision on the statute of limitations addressed a threshold issue, making reconsideration the proper remedy. The defendants' arguments regarding the statute of limitations were rejected, as the employer voluntarily provided medical treatment, extending the limitations period. Furthermore, the court found the statute of limitations was tolled due to the defendant's failure to provide proper notice of the applicant's rights.
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