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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38802
Experience:  Retired (mostly)
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Thank you. I am the employer. I won a meritless S&W case that

Resolved Question:

Thank you.
I am the employer. I won a meritless S&W case that was filed
against me. Also I was never served in the cae and was not notified
of it for 6 years.

Q1:What is the Statute of Limitations to seek sanctions from Claimant's attorney under CA LABOR CODE % 5813 ?

Q2: Can I bring an action for Laches and or Abuse of Process
In CA SUPERIOR COURT or must it only be heard by the
WCAB ?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
Hello,

Sorry, but this is the first that I've seen of this question. Not sure why it's been hiding for nearly two days. That said, you asked:

Q1:What is the Statute of Limitations to seek sanctions from Claimant's attorney under CA LABOR CODE % 5813 ?

A: Sanctions not requested prior to final judgment of the WCAB must be brought within 20 days of final judgment. Labor Code 5900-5903.

Q2: Can I bring an action for Laches and or Abuse of Process In CA SUPERIOR COURT or must it only be heard by the WCAB ?

A: Laches is not a cause of action. It is an affirmative defense to the action of another. Thus, it cannot be brought anywhere, by anyone at any time. Abuse of Legal Process is not actionable because it is part of the normal workers compensation process. Mosby v. Liberty Mutual Ins. Co., 110 Cal. App. 4th 995 (Cal. App. 4th Dist. 2003). However, a malicious prosecution complaint can be made in Superior Court, if the claim is that the entire WC complaint was frivolous and brought to injure the defendant. Mosby, supra, at 1005.

Hope this helps.

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