CompFox AI Summary
The Appeals Board granted reconsideration to address the defendant's argument that the applicant's claim was time-barred by the statute of limitations. The Board found that the defendant failed to prove it provided the applicant with proper notice of her workers' compensation rights and benefits as required by Labor Code section 5401. Consequently, the prior decision was rescinded, and the case was returned to the trial level to further develop the record regarding the adequacy of the notice provided. This ensures due process by clarifying whether the statute of limitations was tolled.
Full Decision Text1 Pages
The Appeals Board granted reconsideration to address the defendant's argument that the applicant's claim was time-barred by the statute of limitations. The Board found that the defendant failed to prove it provided the applicant with proper notice of her workers' compensation rights and benefits as required by Labor Code section 5401. Consequently, the prior decision was rescinded, and the case was returned to the trial level to further develop the record regarding the adequacy of the notice provided. This ensures due process by clarifying whether the statute of limitations was tolled.
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