CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) reviewed the defendant's petition for removal and reconsideration. The WCAB dismissed the petition for removal, granted reconsideration, rescinded the trial judge's finding that the statute of limitations defense was not established, and returned the matter for further proceedings. The Appeals Board noted that the prior decision on the statute of limitations was rescinded and thus not final, allowing for re-litigation. Crucially, the WCAB found the trial judge erred by not considering prejudice and the updated legal standard for estoppel in relation to the defendant's potentially inadequate notice under Reynolds and subsequent case law.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) reviewed the defendant's petition for removal and reconsideration. The WCAB dismissed the petition for removal, granted reconsideration, rescinded the trial judge's finding that the statute of limitations defense was not established, and returned the matter for further proceedings. The Appeals Board noted that the prior decision on the statute of limitations was rescinded and thus not final, allowing for re-litigation. Crucially, the WCAB found the trial judge erred by not considering prejudice and the updated legal standard for estoppel in relation to the defendant's potentially inadequate notice under Reynolds and subsequent case law.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.