Home/Case Law/JESSE CHMELAR, JOANNE CHMELAR (Deceased) vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES
Regular DecisionReconsideration

JESSE CHMELAR, JOANNE CHMELAR (Deceased) vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES

Filed: Jan 22, 2008
San Francisco
MON 0291071

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's contentions that the administrative law judge failed to state reasons, erred on the statute of limitations, and improperly relied on defense medical opinions. While the Board found that the judge's report sufficiently explained her reasoning and acknowledged an issue with the statute of limitations filing, the applicant failed to prove their deceased spouse's employment caused her death. Therefore, the Board amended the finding to state no determination was made on the claim's timeliness, affirming the decision that the applicant is not entitled to benefits.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's contentions that the administrative law judge failed to state reasons, erred on the statute of limitations, and improperly relied on defense medical opinions. While the Board found that the judge's report sufficiently explained her reasoning and acknowledged an issue with the statute of limitations filing, the applicant failed to prove their deceased spouse's employment caused her death. Therefore, the Board amended the finding to state no determination was made on the claim's timeliness, affirming the decision that the applicant is not entitled to benefits.

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