CompFox AI Summary
The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of a statute of limitations defense. The applicant, a fire captain, sustained cumulative injuries ending March 21, 2012, but his claim was initially barred. The Board rescinded the previous findings and returned the case to trial, directing consideration of whether disability pension payments constitute compensation under Labor Code section 5405(b). The case also requires further development regarding potential tolling of the statute due to the employer's knowledge of the injury and failure to provide a DWC-1 form.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of a statute of limitations defense. The applicant, a fire captain, sustained cumulative injuries ending March 21, 2012, but his claim was initially barred. The Board rescinded the previous findings and returned the case to trial, directing consideration of whether disability pension payments constitute compensation under Labor Code section 5405(b). The case also requires further development regarding potential tolling of the statute due to the employer's knowledge of the injury and failure to provide a DWC-1 form.
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