CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and amended the prior award, finding the applicant's dog bite injury claim (ADJ8440661) was not barred by the statute of limitations. This decision reversed the trial judge's finding, holding that the employer's failure to inform the applicant of his workers' compensation rights tolled the statute until the claim was officially reported. The Board found prejudice to the applicant without tolling and rejected the defendant's argument regarding prejudice to the carrier, noting the insurer retains credit rights. The case is returned to the trial level for further proceedings on other issues related to ADJ8440661.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and amended the prior award, finding the applicant's dog bite injury claim (ADJ8440661) was not barred by the statute of limitations. This decision reversed the trial judge's finding, holding that the employer's failure to inform the applicant of his workers' compensation rights tolled the statute until the claim was officially reported. The Board found prejudice to the applicant without tolling and rejected the defendant's argument regarding prejudice to the carrier, noting the insurer retains credit rights. The case is returned to the trial level for further proceedings on other issues related to ADJ8440661.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.