Home/Case Law/MARTHA PEREZ vs. UNITED WESTLABS, INC., MID-CENTURY INSURANCE COMPANY
Regular DecisionReconsideration

MARTHA PEREZ vs. UNITED WESTLABS, INC., MID-CENTURY INSURANCE COMPANY

Filed: Sep 11, 2013
ADJ705754 (RIV 0080627)

CompFox AI Summary

This case involves two claims: one for a specific right upper extremity injury and another for a cumulative trauma injury to multiple body parts. The defendant appealed the finding that their statute of limitations defense was invalid for the cumulative trauma claim. The Board rescinded the original decision, finding the prior notice of injury insufficient to bar the statute of limitations defense on the cumulative claim. The matter was returned to the trial level for further development of the record, particularly regarding the date of injury, causation, and apportionment, and to clarify the Agreed Medical Examiner's opinions.

Full Decision Text1 Pages

This case involves two claims: one for a specific right upper extremity injury and another for a cumulative trauma injury to multiple body parts. The defendant appealed the finding that their statute of limitations defense was invalid for the cumulative trauma claim. The Board rescinded the original decision, finding the prior notice of injury insufficient to bar the statute of limitations defense on the cumulative claim. The matter was returned to the trial level for further development of the record, particularly regarding the date of injury, causation, and apportionment, and to clarify the Agreed Medical Examiner's opinions.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

MARTHA PEREZ vs. UNITED WESTLABS, INC., MID-CENTURY INSURANCE COMPANY (2013) – | CompFox