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The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior finding of industrial injury to applicant's low back.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.
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The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior finding of industrial injury to applicant's low back.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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