Home/Case Law/IRENE L. HOPKINS vs. HOSPITAL CORPORATION OF AMERICA dba EUREKA GENERAL HOSPITAL, CONTINENTAL CASUALTY INSURANCE COMPANY aka CNA INSURANCE
Regular DecisionReconsideration

IRENE L. HOPKINS vs. HOSPITAL CORPORATION OF AMERICA dba EUREKA GENERAL HOSPITAL, CONTINENTAL CASUALTY INSURANCE COMPANY aka CNA INSURANCE

Filed: Jun 27, 2008
EUR 0038452

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior award that found the applicant's Hepatitis C claim was not time-barred. The Board determined that the applicant knew or should have known her Hepatitis C was work-related by September 1993, based on medical records and her own testimony, establishing the date of injury. Consequently, the Board ruled her claim, filed in 2004, was barred by the five-year statute of limitations (Labor Code § 5410) as it was filed well after the 1998 deadline.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior award that found the applicant's Hepatitis C claim was not time-barred. The Board determined that the applicant knew or should have known her Hepatitis C was work-related by September 1993, based on medical records and her own testimony, establishing the date of injury. Consequently, the Board ruled her claim, filed in 2004, was barred by the five-year statute of limitations (Labor Code § 5410) as it was filed well after the 1998 deadline.

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IRENE L. HOPKINS vs. HOSPITAL CORPORATION OF AMERICA dba EUREKA GENERAL HOSPITAL, CONTINENTAL CASUALTY INSURANCE COMPANY aka CNA INSURANCE (2008) – | CompFox