CompFox AI Summary
This case concerns a defendant's attempt to bar a Labor Code section 132a claim due to a statute of limitations argument. The defendant argued the claim was time-barred because the initial petition was unverified and the verified petition was filed late. The Workers' Compensation Appeals Board (WCAB) treated the defendant's petition as one for reconsideration and denied it. The WCAB held that a failure to verify a pleading is a curable defect and an amendment to remedy this defect relates back, even if filed after the statute of limitations has run.
Full Decision Text1 Pages
This case concerns a defendant's attempt to bar a Labor Code section 132a claim due to a statute of limitations argument. The defendant argued the claim was time-barred because the initial petition was unverified and the verified petition was filed late. The Workers' Compensation Appeals Board (WCAB) treated the defendant's petition as one for reconsideration and denied it. The WCAB held that a failure to verify a pleading is a curable defect and an amendment to remedy this defect relates back, even if filed after the statute of limitations has run.
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