[Download] "Elkins V. Derby" by Supreme Court Of California ~ eBook PDF Kindle ePub Free
eBook details
- Title: Elkins V. Derby
- Author : Supreme Court Of California
- Release Date : January 22, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
We confront in this case a matter of first impression concerning whether the statute of limitations on a plaintiff's personal injury action is tolled for the period during which he pursues his workmen's compensation remedy against defendant. In the instant case, the plaintiff, injured while working on defendants' premises, reasonably and in good faith filed a timely claim for benefits with the Workmen's Compensation Appeals Board. After several months of adjudication, the board decided that plaintiff had not been an "employee" at the time of his injury because he had not received compensation for his services; the board thus concluded that plaintiff was not entitled to benefits. Shortly after the WCAB decision became final, plaintiff filed the present civil action seeking recovery for the same injuries which prompted his compensation claim. Because that action was not filed within a year of the injury, the superior court held it barred by the applicable statute of limitations.
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