Home/Case Law/JOHN MARSHALL vs. FLETCHER JONES MOTOR CARS, AMERICFAN INSURANCE COMPANY, ALLIANZ RESOLUTION, FREMONT INSURANCE COMPANY LIQUIDATION, CIGA
Regular DecisionReconsideration

JOHN MARSHALL vs. FLETCHER JONES MOTOR CARS, AMERICFAN INSURANCE COMPANY, ALLIANZ RESOLUTION, FREMONT INSURANCE COMPANY LIQUIDATION, CIGA

Filed: Sep 06, 2017
ADJ882502 (AHM 0095268)

CompFox AI Summary

This case concerns a dispute over the date of injury for a deceased applicant's cumulative trauma claim. The Workers' Compensation Appeals Board granted reconsideration of a prior decision that set the injury date as March 5, 1999. The Board found insufficient evidence that the applicant knew his disability was industrially caused by that date, especially given a medical report concluding the condition was non-industrial. The matter is remanded for further proceedings to develop evidence on when the applicant gained knowledge of the industrial causation of his injury.

Full Decision Text1 Pages

This case concerns a dispute over the date of injury for a deceased applicant's cumulative trauma claim. The Workers' Compensation Appeals Board granted reconsideration of a prior decision that set the injury date as March 5, 1999. The Board found insufficient evidence that the applicant knew his disability was industrially caused by that date, especially given a medical report concluding the condition was non-industrial. The matter is remanded for further proceedings to develop evidence on when the applicant gained knowledge of the industrial causation of his injury.

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