CompFox AI Summary
The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that his psychological injury claim is barred by the statute of limitations. The Board found that the applicant knew or should have known his disability was work-related in December 2008, when his doctor informed him of the cumulative nature of his condition. Despite receiving a denial notice from the defendant on February 9, 2009, which explicitly stated a one-year deadline to file, the applicant did not file his application until May 24, 2010. The Board also clarified that an applicant's belief of attorney representation does not toll the statute of limitations.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that his psychological injury claim is barred by the statute of limitations. The Board found that the applicant knew or should have known his disability was work-related in December 2008, when his doctor informed him of the cumulative nature of his condition. Despite receiving a denial notice from the defendant on February 9, 2009, which explicitly stated a one-year deadline to file, the applicant did not file his application until May 24, 2010. The Board also clarified that an applicant's belief of attorney representation does not toll the statute of limitations.
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