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The applicant sought reconsideration of a WCJ's finding that her claim for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits was untimely. The WCJ based this on the applicant's knowledge of potential SIBTF liability by July 2004 and her filing in December 2008. The Appeals Board granted reconsideration, finding the claim was filed within a reasonable time as per Talcott. The Board determined that an award of permanent disability had not issued before the applicant filed her SIBTF claim and found no prejudice to the SIBTF, thus rescinding the WCJ's order.
Dawn May vs. West Valley/Mission College, California Insurance Guarantee Association for Fremont Compensation Insurance in liquidation, Subsequent Injuries Benefits Trust Fund is a workers' compensation case decided in . This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in .
Full Decision Text1 Pages
The applicant sought reconsideration of a WCJ's finding that her claim for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits was untimely. The WCJ based this on the applicant's knowledge of potential SIBTF liability by July 2004 and her filing in December 2008. The Appeals Board granted reconsideration, finding the claim was filed within a "reasonable time" as per Talcott. The Board determined that an award of permanent disability had not issued before the applicant filed her SIBTF claim and found no prejudice to the SIBTF, thus rescinding the WCJ's order.
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