The running of the period of limitations prescribed by this chapter is an affirmative defense and operates to bar the remedy and not to extinguish the right of the employee. Such defense may be waived. Failure to present such defense prior to the submission of the cause for decision is a sufficient waiver.
Cal. Lab. Code § 5409
Limitations of Proceedings
Applied in 10 court decisions — leading case Bianco v. Industrial Accident Commission (1944)
Most recently applied in 109 Cal. App. 4th 1496 - Simi Corporation v. Garamendi (June 2003)
Enacted by Stats. 1937, Ch. 90.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.