Supreme Court Says Employer Waived Limitations Defense by Failing to Seek Relief

The Utah Supreme Court ruled that an employer waived a limitations defense by not seeking relief on it, and that an administrative law judge’s ruling on the issue did not preserve it for appeal. Chinyu James Sun worked for Darden Restaurant. He was working in the kitchen at a St. George Olive Garden in July 2020 when he slipped and fell. Two of Sun’s co-workers helped him to his feet, and he finished his shift. He filed a workers’ compensation claim but did not notify his employer of his injuries within 180 days of the accident. Utah Code Section 34A-2-407(2)(a) requ...