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The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to overturn an award of penalties, arguing it was barred by a two-year statute of limitations under Labor Code section 5814(g). The WCJ found this argument was an affirmative defense that was waived because it was not raised until the petition for reconsideration, not during trial or prior proceedings. Therefore, the Board adopted the WCJ's report and denied the petition.
MIGUEL HUITRON vs. GREEN WASTE RECOVERY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA is a workers' compensation case decided in San Jose. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Jose.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to overturn an award of penalties, arguing it was barred by a two-year statute of limitations under Labor Code section 5814(g). The WCJ found this argument was an affirmative defense that was waived because it was not raised until the petition for reconsideration, not during trial or prior proceedings. Therefore, the Board adopted the WCJ's report and denied the petition.
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