CompFox AI Summary
This case involves Karen Hercules' workers' compensation claim against Bodega Latina Corporation. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The denial was based on the employer's failure to reject the claim within 90 days of filing, creating a presumption of compensability under Labor Code section 5402(b). The employer's subsequent denial on June 18, 2015, was untimely as it occurred 132 days after the claim form dated February 5, 2015. Therefore, the injury is presumed compensable, and the employer failed to rebut this presumption.
Full Decision Text1 Pages
This case involves Karen Hercules' workers' compensation claim against Bodega Latina Corporation. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The denial was based on the employer's failure to reject the claim within 90 days of filing, creating a presumption of compensability under Labor Code section 5402(b). The employer's subsequent denial on June 18, 2015, was untimely as it occurred 132 days after the claim form dated February 5, 2015. Therefore, the injury is presumed compensable, and the employer failed to rebut this presumption.
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