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2nd DCA to Review Laches Defense to Claim for Worker in Vegetative State

By Sherri Okamoto (Legal Reporter)

Thursday, February 11, 2016 | 0

The California 2nd District Court of Appeals will weigh in on an insurance carrier's argument that the doctrine of laches should foreclose it from liability for a claim filed on behalf of a worker who is in a vegetative state after a fall from the roof of his family-owned business, seven years after the fact. The parties in Nu Square Corp. v. WCAB (Kwok) have framed the matter as a dispute about whether principles of fairness ought to bar the belatedly filed claim. But for now, the court is asking them for supplemental briefings on whether Labor Code 5275(a) requires that the case be ...

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