CompFox AI Summary
This case concerns an employee's claim for an industrial injury to his right shoulder sustained on January 25, 2006, while working as a maintenance worker. The defendant sought reconsideration of the original award, arguing the injury finding was unsupported and the statute of limitations applied. The Board denied reconsideration, finding the defendant failed to rebut the applicant's testimony of seeking treatment from the company nurse, which constituted more than first aid and triggered the employer's duty to provide a claim form. The Board also affirmed the judge's reliance on treating physician reports over those related to a prior injury, as the defendant did not pursue further medical evaluation options.
Full Decision Text1 Pages
This case concerns an employee's claim for an industrial injury to his right shoulder sustained on January 25, 2006, while working as a maintenance worker. The defendant sought reconsideration of the original award, arguing the injury finding was unsupported and the statute of limitations applied. The Board denied reconsideration, finding the defendant failed to rebut the applicant's testimony of seeking treatment from the company nurse, which constituted more than first aid and triggered the employer's duty to provide a claim form. The Board also affirmed the judge's reliance on treating physician reports over those related to a prior injury, as the defendant did not pursue further medical evaluation options.
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