CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's (WCJ) finding that the applicant's claim for occupational disease (non-Hodgkin's lymphoma) was not barred by the statute of limitations. The WCAB found the WCJ erred in determining the date of injury and statute of limitations had not begun to run. However, the WCAB noted the record raises the issue of whether the defendant is estopped from asserting the statute of limitations due to the actions of its claims administrator. Therefore, the case is returned to the trial level for further development of the record and decision specifically on the issue of estoppel.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's (WCJ) finding that the applicant's claim for occupational disease (non-Hodgkin's lymphoma) was not barred by the statute of limitations. The WCAB found the WCJ erred in determining the date of injury and statute of limitations had not begun to run. However, the WCAB noted the record raises the issue of whether the defendant is estopped from asserting the statute of limitations due to the actions of its claims administrator. Therefore, the case is returned to the trial level for further development of the record and decision specifically on the issue of estoppel.
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