CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded prior findings because the WCJ failed to properly determine the date of cumulative injury and ensuing liability. The Board remanded the case for further proceedings to establish the date of injury under Labor Code section 5412 and then determine insurer liability under section 5500.5. This allows for proper joinder of parties and clarification of coverage periods, which are essential for apportioning liability in cumulative trauma cases.
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The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded prior findings because the WCJ failed to properly determine the date of cumulative injury and ensuing liability. The Board remanded the case for further proceedings to establish the date of injury under Labor Code section 5412 and then determine insurer liability under section 5500.5. This allows for proper joinder of parties and clarification of coverage periods, which are essential for apportioning liability in cumulative trauma cases.
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