There is a newer version of the California Code
2011 California Code
Labor Code
DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002]
CHAPTER 2. Limitations of Proceedings
Section 5409
CA Labor Code § 5409 (through 2012 Leg Sess) What's This?
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.
(Enacted by Stats. 1937, Ch. 90.)
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