CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration of a take-nothing award, finding the applicant's claim untimely. The applicant argued that short-term disability payments tolled the one-year statute of limitations, but failed to provide evidence of such payments. Furthermore, the employer's denial of the claim on March 23, 2011, provided a clear date from which the one-year filing period began to run. The Board also rejected the applicant's attorney's attempt to seek relief under Code of Civil Procedure section 473, as it does not grant relief from jurisdictional deadlines like statutes of limitations.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration of a take-nothing award, finding the applicant's claim untimely. The applicant argued that short-term disability payments tolled the one-year statute of limitations, but failed to provide evidence of such payments. Furthermore, the employer's denial of the claim on March 23, 2011, provided a clear date from which the one-year filing period began to run. The Board also rejected the applicant's attorney's attempt to seek relief under Code of Civil Procedure section 473, as it does not grant relief from jurisdictional deadlines like statutes of limitations.
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