CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a decision that denied a claim for an applicant who was not found to be employed by LAUSD at the time of injury. The Board rescinded the original findings and returned the case for further proceedings. Key issues to be addressed include whether the injury is presumed compensable under Labor Code section 5402(b) due to the employer's failure to reject the claim within 90 days, and alternatively, the applicability of Labor Code section 3368 regarding student employees. The parties and WCJ must determine if the applicant was enrolled in a qualifying educational program as defined by statute.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a decision that denied a claim for an applicant who was not found to be employed by LAUSD at the time of injury. The Board rescinded the original findings and returned the case for further proceedings. Key issues to be addressed include whether the injury is presumed compensable under Labor Code section 5402(b) due to the employer's failure to reject the claim within 90 days, and alternatively, the applicability of Labor Code section 3368 regarding student employees. The parties and WCJ must determine if the applicant was enrolled in a qualifying educational program as defined by statute.
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