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Carol Doney — ADJ5736169

CAROL DONEY, Applicant vs. BURBANK HOUSING DEVELOPMENT CORPORATION and STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ5736169
Decision date
Feb 27, 2022
District office
Santa Rosa
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: left knee, left ankle, lumbar spine

LC §5405LC §4600LC §4650LC §5705LC §5952CCR §9812

Summary

Applicant Carol Doney claimed injury to her left knee and left ankle while employed by Burbank Housing Development Corporation on November 4, 2002, and later sought to add a lumbar spine claim. The WCJ found her Application, filed July 15, 2021, was untimely and barred by the statute of limitations. On reconsideration, the WCAB found that defendant State Fund, which bore the burden of proof on the statute of limitations defense, relied solely on an unverified, unsigned Benefits Paid Report that did not constitute substantial evidence. The Board further held that there was no evidence applicant received notice that her medical treatment benefits would be limited or denied before the July 16, 2021 Partial Denial of Liability, so the statute of limitations was tolled. The Board granted reconsideration, rescinded the F&O, and remanded the matter to the WCJ for further proceedings and a new decision.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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