Home/Case Law/NICK MENDOZA vs. CPL EXPRESS, INC., REDWOOD FIRE & CASUALTY, Administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, QBE INSURANCE, Administered by SEDGWICK
Regular DecisionReconsideration

NICK MENDOZA vs. CPL EXPRESS, INC., REDWOOD FIRE & CASUALTY, Administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, QBE INSURANCE, Administered by SEDGWICK

Filed: Jul 26, 2018
Marina Del Rey
ADJ10627083

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review a prior decision that found the applicant's injury not presumed compensable. The Board found the applicant's injury is presumed compensable under Labor Code section 5402(b) because the defendant failed to timely reject the claim within 90 days. The WCAB also determined the report of QME Dr. Tran is admissible evidence, despite not being listed on the Pre-Trial Conference Statement. Finally, the Board amended the WCJ's findings to explicitly state the injury is presumed compensable.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review a prior decision that found the applicant's injury not presumed compensable. The Board found the applicant's injury is presumed compensable under Labor Code section 5402(b) because the defendant failed to timely reject the claim within 90 days. The WCAB also determined the report of QME Dr. Tran is admissible evidence, despite not being listed on the Pre-Trial Conference Statement. Finally, the Board amended the WCJ's findings to explicitly state the injury is presumed compensable.

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NICK MENDOZA vs. CPL EXPRESS, INC., REDWOOD FIRE & CASUALTY, Administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, QBE INSURANCE, Administered by SEDGWICK (2018) – Marina Del Rey | CompFox