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The Workers' Compensation Appeals Board granted reconsideration of a dismissal for untimely filing of a death benefit claim. The applicant argued the claim was presumed compensable due to delayed denial and timely filed under relevant statutes. The Board found the defendant failed to meet its burden of proof regarding the statute of limitations. The case is returned to the trial level for further proceedings to determine the date of injury for cumulative trauma, which is crucial for calculating the 240-week filing deadline.
EVELYN A. RAZO-GALIANA, CARLOS CABRERA RAZO (deceased) vs. LAS POSAS COUNTRY CLUB, HARTFORD ACCIDENT AND INDMENITY is a workers' compensation case decided in Oxnard. 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 Oxnard.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a dismissal for untimely filing of a death benefit claim. The applicant argued the claim was presumed compensable due to delayed denial and timely filed under relevant statutes. The Board found the defendant failed to meet its burden of proof regarding the statute of limitations. The case is returned to the trial level for further proceedings to determine the "date of injury" for cumulative trauma, which is crucial for calculating the 240-week filing deadline.
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