WCAB

Truck Insurance Exchange v. Workers' Compensation Appeals Board

Good Law
2 Cal. App. 5th 394·2016 Cal. App. LEXIS 666·205 Cal. Rptr. 3d 832·81 Cal. Comp. Cases 685
Court of Appeal of CaliforniaAugust 11, 2016B268231California3,231 words

Opinion

Opinion

Grimes, J.

—Petitioner Truck Insurance Exchange of Larmers Insurance Group (Larmers) contends the defense of laches bars the workers’ compensation claim of the employee. The employer received notification of the injury the day after it happened but a workers’ compensation claim was not submitted to Farmers until more than seven years later. However, notice to or knowledge of a workplace injury on the part of the employer is deemed to be notice to or knowledge of the insurer. Since Farmers is deemed to have known of the injury the day after it occurred, Farmers cannot show delay in receiving notice of the claim, which is an essential element of laches (Magic Kitchen LLC v. Good Things Internat., Ltd. (2007) 153 Cal.App.4th 1144, 1157 [ 63 Cal.Rptr. 3d 713 ]). We hold laches does not apply. We therefore affirm the order excluding laches as an affirmative defense and remand the case to the Workers’ Compensation Appeals Board (appeals board) for further proceedings.

FACTUAL BACKGROUND

A. The Employee and the Accident

It is undisputed that the employee, Ng Fung Kwok (Kwok), was employed as a restaurant manager and waiter by Nu Square Corporation, doing business as Har Lam Kee…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.