Home/Case Law/TRACY WHEELER vs. ONELAGACY, THE HARTFORD
Regular DecisionReconsideration

TRACY WHEELER vs. ONELAGACY, THE HARTFORD

Filed: May 10, 2010
San Francisco
ADJ6745654

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to the defendant employer, OneLegacy, and its insurer, The Hartford. The Board rescinded the lower judge's finding that the applicant's injury was presumed compensable under Labor Code § 5402(b) due to a delayed denial. Evidence established that an employee with authority to deny the claim determined it should be denied within the statutory 90-day period, even though formal notification was sent later. The case is returned for further proceedings based on this determination.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to the defendant employer, OneLegacy, and its insurer, The Hartford. The Board rescinded the lower judge's finding that the applicant's injury was presumed compensable under Labor Code § 5402(b) due to a delayed denial. Evidence established that an employee with authority to deny the claim determined it should be denied within the statutory 90-day period, even though formal notification was sent later. The case is returned for further proceedings based on this determination.

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TRACY WHEELER vs. ONELAGACY, THE HARTFORD (2010) – San Francisco | CompFox