CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior finding of industrial injury to applicant's low back. The Board clarified that the 90-day presumption of compensability under Labor Code section 5402(b) is triggered only by the filing of a claim form, not by the employer's knowledge of an injury or the filing of an Application for Adjudication of Claim. The case was returned to the WCJ for further proceedings to determine industrial causation without the benefit of this presumption.
YOLANDA MENDEZ SALAS vs. CARTER'S, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA is a workers' compensation case decided in San Diego. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Diego.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior finding of industrial injury to applicant's low back. The Board clarified that the 90-day presumption of compensability under Labor Code section 5402(b) is triggered only by the filing of a claim form, not by the employer's knowledge of an injury or the filing of an Application for Adjudication of Claim. The case was returned to the WCJ for further proceedings to determine industrial causation without the benefit of this presumption.
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