CompFox AI Summary
The applicant claimed an industrial injury on October 31, 2006, but the employer denied liability on January 4, 2007. Despite this denial, the applicant did not file an Application for Adjudication of Claim until September 10, 2009. The Board found the petition for reconsideration timely as it was filed within fifteen days of the defendant receiving the Findings and Award. Ultimately, the claim was dismissed as barred by the statute of limitations under Labor Code section 5405 because no benefits were provided after the denial and the application was filed more than one year after the denial.
Full Decision Text1 Pages
The applicant claimed an industrial injury on October 31, 2006, but the employer denied liability on January 4, 2007. Despite this denial, the applicant did not file an Application for Adjudication of Claim until September 10, 2009. The Board found the petition for reconsideration timely as it was filed within fifteen days of the defendant receiving the Findings and Award. Ultimately, the claim was dismissed as barred by the statute of limitations under Labor Code section 5405 because no benefits were provided after the denial and the application was filed more than one year after the denial.
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