WCAB
Truck Insurance Exchange v. Workers' Compensation Appeals Board
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…