Truck Ins. Exch. v. WCAB
Annotate this CaseFarmers filed a petition for a writ of review contending that laches applies to preclude Farmers' liability for a workers compensation claim where the employer received notification of the injury the day after it happened but a workers compensation claim was not submitted to Farmers until seven years later. The court concluded that 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. In this case, Farmers is deemed to have known of the injury the day after it occurred. Therefore, Farmers cannot show delay in receiving notice of the claim, which is an essential element of laches. The court affirmed the order excluding laches as an affirmative defense and remanded the case to the WCAB for further proceedings.
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