Buena Ventura Gardens v. Workers' Compensation Appeals Board
Opinion
Opinion
Loring, J.
On November 7, 1973, Rose L. Novak (Novak) filed an application with the Workers’ Compensation Appeals Board (Board) alleging injury arising out of and occurring in the course of her employment as a housekeeper for the period July 1, 1969, through March 30, 1972. Said injury was to her chest, legs, arteriosclerosis and hernia.
Novak’s employer Buena Ventura Gardens (BVG) and Aetna Casualty and Surety Company (Aetna), its carriers, raised the affirmative defense of the statute of limitations pursuant to Labor Code sections 5405 and 5412.
The matter came to hearing on July 23 and August 30, 1974. A finding and award in favor of Novak was issued on November 28, 1974. BVG and Aetna filed a timely petition for reconsideration with the Board. On January 27, 1975, the Board issued an order denying reconsideration.
BVG and Aetna now petition this court for a writ of review and, following an inquiry and determination to annul, vacate and set aside Board’s opinion and order denying reconsideration.
Contention
Petitioners contend that the Board exceeded its powers and acted improperly and unreasonably in issuing a finding and award not supported by substantial evidence and…