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Appealing hooker part 2

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Gay Naked Gallery Appealing hooker part 2.

Petitioner contends that the opinion and decision after reconsideration of respondent board erroneously applies the provision of Labor Code section to bar his claim, in the light of the provisions of sections It is concluded that the respondent Appealing hooker part 2 erred in finding that an award of further medical treatment, temporary disability which was incurred within one year prior to the filing of the application, and permanent disability was barred by Appealing hooker part 2 statute of limitations.

The writ should be granted and the matter must be remanded to respondent board to determine whether or not the award of permanent disability was excessive, as requested in the petition for reconsideration, filed by the employer and its adjusting agency. On those facts the referee made the award which was set aside by the board.

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The board did find, however, that the employee sustained injury arising out of and occurring in the course of this employment, but that his claim was barred by the statute of limitations. The applicant and petitioner contends that in cumulative injury cases the statute of limitations does not commence to run until the later of either the last day of exposure to the causative employment activities or the onset of compensable disability; that section Respondent insists that the applicant's claim is barred by the provisions of section and that section At all times material to this case, or to the interpretation of the applicable decisions, Appealing hooker part 2 basic statute of limitations has been that found in section -- "one year from The Legislature has laid down the rule that the limitations period is to run from the time of the exposure.

In Appealing hooker part 2 case of a continuous injury this can only mean the time of the last exposure.

Hooker v. Workmen's Comp. Appeals...

To require the employee to file his claim within a limited time from the first exposure would be unreasonable. After a single exposure the employee might be totally unable to notice that a deleterious effect has taken place. Only after extended exposure may the effects become noticeable.

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Consequently, it should only be after the exposures constituting the continuous injury have been concluded that the period of the statute of limitations commences to run. See also Fruehauf Corp.

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Subsequently in Fruehauf Corp. It held that the running of the statute of limitations was governed by the provisions of section see fn.

In reliance upon the foregoing sections, the appeals board in this case concluded as Appealing hooker part 2 It is further apparent that the applicant lost time from work for which he was compensated by way of sick leave. At the hearing of March 1,he made a claim for temporary disability indemnity for that period of sick leave.

Hooker v. Workmen's Comp. Appeals...

We therefore hold that applicant's claim is barred Appealing hooker part 2 Labor Code Section in that the date of injury as defined by Labor Code Sections and There can be no question that the knowledge acquired in and rendered the effective date of injury of the temporary disability manifested by his hours of sick leave, and any self-procured medical treatment he received in connection therewith, the date of such disability or treatment.

The referee properly disallowed any recovery for temporary disability or self-procured medical treatment antedating one year prior to the filing of the application. The question remains whether the provisions referred to preclude recovery for cumulative disability which by its very nature could not manifest itself until the employee had undergone further exposure. It is irrational to rule that the employee who shrugs off the effects of the initial stages of industrial trauma forfeits the right to recover from the Appealing hooker part 2 effect of that trauma which ultimately renders him unable to carry on his regular duties.

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Applicant points out that Appealing hooker part 2 those cases when the cumulative effect is not great, a rule requiring forfeiture of recovery of benefits for future disability unless prompt claim is made will spawn repetitive claims because of fear of loss of yet unknown future consequences. On the other hand the employer argues that the failure to apply the statute of limitations strictly will lead to the assertions of claims made vague [36 Cal.

The rule applied by the referee does not permit the assertion of late claims. The claim allowed by the referee is not for one or more of some 20 days in all of petitioner's inability to work spread out over a period of four years.


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