CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to rescind a finding regarding the presumption of compensability under Labor Code section 5402(b). This rescission was due to insufficient evidence of when the claim form was received by the employer, precluding evaluation of the 90-day period. However, the Board affirmed the Administrative Law Judge's decision that the parties' stipulation accepting injury AOE/COE to the applicant's low back was binding and that the defendant failed to demonstrate good cause to set it aside. The Board found no due process violation in not allowing witness testimony, as the stipulation itself served as evidence of compensability.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to rescind a finding regarding the presumption of compensability under Labor Code section 5402(b). This rescission was due to insufficient evidence of when the claim form was received by the employer, precluding evaluation of the 90-day period. However, the Board affirmed the Administrative Law Judge's decision that the parties' stipulation accepting injury AOE/COE to the applicant's low back was binding and that the defendant failed to demonstrate good cause to set it aside. The Board found no due process violation in not allowing witness testimony, as the stipulation itself served as evidence of compensability.
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