Home/Case Law/THOMAS BATISTA vs. LEE'S PAVING, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
Regular DecisionReconsideration

THOMAS BATISTA vs. LEE'S PAVING, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Filed: Jan 14, 2020
Fresno
ADJ11207300

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board affirmed the WCJ's finding that the applicant failed to prove his injury arose out of and in the course of employment from a motor vehicle accident. Furthermore, the applicant's claim was found to be time-barred as the employer lacked specific knowledge of a work-related injury claim, not merely knowledge of an accident. The applicant's arguments regarding exceptions to the going-and-coming rule and tolling of the statute of limitations were rejected.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board affirmed the WCJ's finding that the applicant failed to prove his injury arose out of and in the course of employment from a motor vehicle accident. Furthermore, the applicant's claim was found to be time-barred as the employer lacked specific knowledge of a work-related injury claim, not merely knowledge of an accident. The applicant's arguments regarding exceptions to the going-and-coming rule and tolling of the statute of limitations were rejected.

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THOMAS BATISTA vs. LEE'S PAVING, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA (2020) – Fresno | CompFox