Home/Case Law/MANUEL ESQUIVEL vs. MJH DESIGN BUILDERS, INC, TOWER INSURANCE CO. OF NEW YORK
Regular DecisionReconsideration

MANUEL ESQUIVEL vs. MJH DESIGN BUILDERS, INC, TOWER INSURANCE CO. OF NEW YORK

Filed: Sep 09, 2016
Los Angeles
ADJ9831208

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision, finding insufficient evidence to bar Manuel Esquivel's claim by the statute of limitations. The employer had knowledge of the industrial injury claim around February 15, 2013, but failed to provide required written notice of workers' compensation rights to the applicant. The Board also noted that the employer's stipulation to providing some medical treatment could estop them from asserting the statute of limitations defense. The case is returned for further proceedings to determine the applicability of the statute of limitations.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision, finding insufficient evidence to bar Manuel Esquivel's claim by the statute of limitations. The employer had knowledge of the industrial injury claim around February 15, 2013, but failed to provide required written notice of workers' compensation rights to the applicant. The Board also noted that the employer's stipulation to providing some medical treatment could estop them from asserting the statute of limitations defense. The case is returned for further proceedings to determine the applicability of the statute of limitations.

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MANUEL ESQUIVEL vs. MJH DESIGN BUILDERS, INC, TOWER INSURANCE CO. OF NEW YORK (2016) – Los Angeles | CompFox