CompFox AI Summary
The Appeals Board rescinded the original Findings and Award due to an error in applying the statute of limitations. The original judge improperly relied on the date of denial, rather than the date of injury or provision of benefits, to dismiss the applicant's claim. The Board determined that the defendant failed to meet its burden of proof in establishing the applicant's date of injury for her cumulative trauma claim. The matter was returned to the trial level for further proceedings to properly determine the date of injury under Labor Code section 5412.
Full Decision Text1 Pages
The Appeals Board rescinded the original Findings and Award due to an error in applying the statute of limitations. The original judge improperly relied on the date of denial, rather than the date of injury or provision of benefits, to dismiss the applicant's claim. The Board determined that the defendant failed to meet its burden of proof in establishing the applicant's date of injury for her cumulative trauma claim. The matter was returned to the trial level for further proceedings to properly determine the date of injury under Labor Code section 5412.
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