CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior Findings and Order regarding cumulative trauma injury. The Board found the applicant's cumulative trauma claim presumed compensable due to the employer's failure to deny it within the statutory 90-day period. This presumption could not be rebutted by evidence not obtainable with reasonable diligence within that timeframe, and the WCJ's basis for rebuttal was deemed inadequate. The matter was returned to the trial level for further proceedings consistent with this opinion.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior Findings and Order regarding cumulative trauma injury. The Board found the applicant's cumulative trauma claim presumed compensable due to the employer's failure to deny it within the statutory 90-day period. This presumption could not be rebutted by evidence not obtainable with reasonable diligence within that timeframe, and the WCJ's basis for rebuttal was deemed inadequate. The matter was returned to the trial level for further proceedings consistent with this opinion.
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