Cuba v. Jon Thomas Salons, Inc.

SHERRI B. SULLIVAN, Judge.

Cecilia Cuba (“Cuba”) appeals from the decision of the Labor and Industrial Relations Commission (“Commission”) affirming the decision of the Administrative Law Judge (“ALJ”) denying Cuba’s workers’ compensation claim for permanent partial disability. In its decision, the Commission adopted the date the claim was filed as the date the inquiry begins for purposes of assessing liability for both the last exposure rule and the three-month rule. A dissenting opinion argued that the date of diagnosis is to be used when applying the three-month rule. We agree with the…