CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinded the prior Findings and Order, and returned the case for further proceedings. The Board found the initial decision lacked sufficient analysis regarding the statute of limitations and the defendant's duty to notify the applicant of her rights. Specifically, the Board noted an incomplete review of provided notices and insufficient evidence to determine when the applicant gained actual knowledge of her workers' compensation rights, which is crucial for tolling the statute of limitations. This decision ensures both parties have a fair opportunity to address these critical factual and legal issues at the trial level.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinded the prior Findings and Order, and returned the case for further proceedings. The Board found the initial decision lacked sufficient analysis regarding the statute of limitations and the defendant's duty to notify the applicant of her rights. Specifically, the Board noted an incomplete review of provided notices and insufficient evidence to determine when the applicant gained actual knowledge of her workers' compensation rights, which is crucial for tolling the statute of limitations. This decision ensures both parties have a fair opportunity to address these critical factual and legal issues at the trial level.
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