Manuel Azevedo — ADJ13449484, ADJ15898386

Applicant Manuel Azevedo served a workers' compensation claim form on his employer, Inverse Solutions, Inc., on July 27, 2020, asserting an industrial injury to his low back and spine. The WCJ found the claim presumed compensable under Labor Code section 5402(b) because defendant failed to deny it within 90 days. Defendant sought reconsideration, arguing the employer rejected the claim within 90 days and that section 5402 does not require communication of the rejection to the applicant within that period. The WCAB granted reconsideration, holding that the employer's supervisor, Josh Jorden, effectively rejected the claim within 90 days by completing an EDD form indicating denial and testifying to his intent to deny. The Board rescinded the WCJ's finding and held the injury is not presumed compensable, deferring all other issues, including AOE/COE, to the trial level.