Home/Case Law/ARTURO PALACIOS vs. MARK WINDOW PRODUCTS, ZURICH NORTH AMERICA
Regular DecisionReconsideration

ARTURO PALACIOS vs. MARK WINDOW PRODUCTS, ZURICH NORTH AMERICA

Filed: Jul 11, 2011
San Francisco
ADJ6941604

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior order that denied applicant benefits. The Board found that the applicant's claim was not barred by Labor Code Section 3600(a)(10) because the date of injury, as defined by the applicant's disability and knowledge of its cause, occurred after he received notice of layoff. This was based on medical opinions obtained after the layoff notice, establishing disability subsequent to the notice. The case was returned to the trial level for further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior order that denied applicant benefits. The Board found that the applicant's claim was not barred by Labor Code Section 3600(a)(10) because the date of injury, as defined by the applicant's disability and knowledge of its cause, occurred after he received notice of layoff. This was based on medical opinions obtained after the layoff notice, establishing disability subsequent to the notice. The case was returned to the trial level for further proceedings.

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ARTURO PALACIOS vs. MARK WINDOW PRODUCTS, ZURICH NORTH AMERICA (2011) – San Francisco | CompFox