What the panel ordered
Findings of Fact dated August 22, 2000 rescinded; matter returned to the workers' compensation administrative law judge for further proceedings and new decision consistent with the Board's opinion.
Petition for Reconsideration granted by the Workers' Compensation Appeals Board (en banc) to address the issue of the employer's duty to provide a claim form and the commencement of the 90-day denial period under Labor Code section 5402.
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 Board held that the employer breached its duty to provide the claim form when it was reasonably certain the employee suffered or claimed an industrial injury, triggering the 90-day denial period to run from the date of breach rather than the claim form filing date.
From the decision · page 113; l~! administrative law judge (WCJ) finding that applicant's claim of cumulative injury !i during the period of 1995 to October 16, 1998 was presumed compensable under Labor 15il II 16ii Code section 54021 based on defendant's failure to timely deny his claim. The WCJ i! ii further found that this failure was caused by the employer's breach of its duty to 17:1