CompFox AI Summary
The Appeals Board granted reconsideration, rescinded the WCJ's finding that the applicant's claim was barred, and found the injury presumptively compensable. This was because the employer failed to deny the claim within the 90-day period required by Labor Code section 5402. The defendant did not present evidence to rebut this presumption or demonstrate they formed the intent to deny the claim within the statutory timeframe. The matter was returned to the WCJ for further proceedings regarding the nature and extent of the injury.
Full Decision Text1 Pages
The Appeals Board granted reconsideration, rescinded the WCJ's finding that the applicant's claim was barred, and found the injury presumptively compensable. This was because the employer failed to deny the claim within the 90-day period required by Labor Code section 5402. The defendant did not present evidence to rebut this presumption or demonstrate they formed the intent to deny the claim within the statutory timeframe. The matter was returned to the WCJ for further proceedings regarding the nature and extent of the injury.
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