CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) denied the City of San Pablo's petition for reconsideration, adopting the reasoning of the workers' compensation judge (WCJ). The WCAB found that the applicant's psychiatric injury claim was not barred by the statute of limitations, as the employer failed to provide a claim form, thus tolling the limitations period. Furthermore, the WCAB upheld the WCJ's finding that the applicant, acting through his attorney-in-fact (his aunt with power of attorney), was unrepresented for the purposes of selecting a Qualified Medical Evaluator (QME). Therefore, the applicant retained the right to select a QME from the panel, and the employer could not strike a physician from that panel.
Kenneth White vs. City of San Pablo is a workers' compensation case decided in Oakland. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Oakland.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) denied the City of San Pablo's petition for reconsideration, adopting the reasoning of the workers' compensation judge (WCJ). The WCAB found that the applicant's psychiatric injury claim was not barred by the statute of limitations, as the employer failed to provide a claim form, thus tolling the limitations period. Furthermore, the WCAB upheld the WCJ's finding that the applicant, acting through his "attorney-in-fact" (his aunt with power of attorney), was unrepresented for the purposes of selecting a Qualified Medical Evaluator (QME). Therefore, the applicant retained the right to select a QME from the panel, and the employer could not strike a physician from that panel.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.