CompFox AI Summary
In this workers' compensation case, the Appeals Board granted reconsideration to review the finding that Federal Insurance Company was estopped from denying coverage for an April 2, 2007 injury. The Board rescinded the dismissal of Zurich Insurance Company and returned the matter for further proceedings to determine if Zurich was prejudiced by Federal's delay in denying coverage. Federal Insurance Company is to continue administering the claim pending this determination. The Board noted that prejudice, a necessary element for laches, must be affirmatively demonstrated and is not presumed.
Full Decision Text1 Pages
In this workers' compensation case, the Appeals Board granted reconsideration to review the finding that Federal Insurance Company was estopped from denying coverage for an April 2, 2007 injury. The Board rescinded the dismissal of Zurich Insurance Company and returned the matter for further proceedings to determine if Zurich was prejudiced by Federal's delay in denying coverage. Federal Insurance Company is to continue administering the claim pending this determination. The Board noted that prejudice, a necessary element for laches, must be affirmatively demonstrated and is not presumed.
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