CompFox AI Summary
This case involves a Petition to Reopen filed by the applicant alleging new and further disability. The Appeals Board found that the claim related to a specific injury from May 10, 2012, is time-barred as the petition was filed over five years after the injury date. However, the Board agreed with the trial judge that the record needs further development regarding the applicant's cumulative trauma claim. Therefore, the decision was rescinded, the specific injury claim was dismissed as untimely, and the matter was returned to the trial level for further proceedings on the cumulative trauma claim.
Full Decision Text1 Pages
This case involves a Petition to Reopen filed by the applicant alleging new and further disability. The Appeals Board found that the claim related to a specific injury from May 10, 2012, is time-barred as the petition was filed over five years after the injury date. However, the Board agreed with the trial judge that the record needs further development regarding the applicant's cumulative trauma claim. Therefore, the decision was rescinded, the specific injury claim was dismissed as untimely, and the matter was returned to the trial level for further proceedings on the cumulative trauma claim.
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