DENNIS LEMON vs. CONSOLIDATED FREIGHTWAYS, CIGA for RELIANCE INS. CO., US FIDELITY AND GUARANTY INSURANCE CO., ZENITH

Applicant Dennis Lemon sought reconsideration of a WCJ's "Findings and Order" that barred his claim due to the statute of limitations. He contended that the WCJ misapplied the burden of proof, as the statute of limitations is the defendant's responsibility, and that the statute was tolled due to the defendant's failure to notify him of his claim rights. The Appeals Board granted the petition for reconsideration, rescinded the prior order, and found that the defendant failed to meet its burden of proving the statute of limitations. The matter has been returned to the trial level for further proceedings, including the determination of the date of injury.