CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, overturning a prior ruling that presumed the applicant's injury compensable due to a late denial. The Board found that the defendant's denial letter, mailed on December 26, 2018, was timely because the 90-day presumption period expired on December 25, 2018, a court holiday, making the next business day the deadline. The employer's inability to definitively prove the claim form's receipt date led the Board to infer a receipt date of September 26, 2018, thus making the December 26 denial compliant with Labor Code section 5402. Consequently, the applicant's injury is not presumed compensable.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, overturning a prior ruling that presumed the applicant's injury compensable due to a late denial. The Board found that the defendant's denial letter, mailed on December 26, 2018, was timely because the 90-day presumption period expired on December 25, 2018, a court holiday, making the next business day the deadline. The employer's inability to definitively prove the claim form's receipt date led the Board to infer a receipt date of September 26, 2018, thus making the December 26 denial compliant with Labor Code section 5402. Consequently, the applicant's injury is not presumed compensable.
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