Home/Case Law/KENTON NAIRNE vs. ROBERT McPEAK, FOREMOST INSURANCE COMPANY
Regular DecisionWorkers' Compensation

KENTON NAIRNE vs. ROBERT McPEAK, FOREMOST INSURANCE COMPANY

Filed: Mar 12, 2013
San Bernardino
ADJ7724328

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, overturning a prior finding that the applicant sustained an industrial injury. The Board found the applicant's claim was barred by the statute of limitations, as the application was filed more than one year after the date of injury. The Board determined that the applicant's retention of a personal injury attorney negated any claim of detrimental reliance on the employer's insurer's potentially erroneous advice. Therefore, the Board ordered that the applicant take nothing on his claim.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, overturning a prior finding that the applicant sustained an industrial injury. The Board found the applicant's claim was barred by the statute of limitations, as the application was filed more than one year after the date of injury. The Board determined that the applicant's retention of a personal injury attorney negated any claim of detrimental reliance on the employer's insurer's potentially erroneous advice. Therefore, the Board ordered that the applicant take nothing on his claim.

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