CompFox AI Summary
The Workers' Compensation Appeals Board denied Clemente Castro's Petition for Reconsideration regarding his claim for serious and willful misconduct. The Board adopted the WCJ's report which found the claim barred by the statute of limitations under Labor Code section 5407. The WCJ determined that while the original application listed Labor Code section 4553, it did not meet the pleading requirements for a serious and willful misconduct claim. Furthermore, applicant failed to properly serve the employer with the petition for reconsideration.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Clemente Castro's Petition for Reconsideration regarding his claim for serious and willful misconduct. The Board adopted the WCJ's report which found the claim barred by the statute of limitations under Labor Code section 5407. The WCJ determined that while the original application listed Labor Code section 4553, it did not meet the pleading requirements for a serious and willful misconduct claim. Furthermore, applicant failed to properly serve the employer with the petition for reconsideration.
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