What the panel ordered
The May 20, 2022 Findings and Order are rescinded and the matter is returned to the trial level for further proceedings consistent with the opinion.
Applicant seeks reconsideration of the Findings of Fact issued on May 20, 2022, which found no cumulative injury and barred the claim under statute of limitations; the WCJ filed a Report and Recommendation to deny reconsideration; the Appeals Board rescinds the Findings and returns the case for further proceedings.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board found insufficient evidence on the mailing and receipt of the DWC-1 Claim Form to determine the presumption of compensability under section 5402(b) and the correct date of injury under section 5412, requiring further evidentiary development and a new WCJ decision.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant filed a death claim on October 19, 2017, alleging injury from January 29, 2016 to January 29, 2017, beyond decedent's employment period from 1979 to 1994.