California Legal Codes and Statutes

§ 5409

Enacted by Stats. 1937, Ch. 90.

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.

Cite this section

Cal. Lab. Code § 5409 (2026)
https://ca.codecond.com/codes/lab/division-4-workers-compensation-and-insurance/part-4-compensation-proceedings/chapter-2-limitations-of-proceedings/section-5409

Other sections in Chapter 2 - Limitations of Proceedings

§ 5400§ 5401§ 5401.7§ 5402§ 5403§ 5404§ 5404.5§ 5405§ 5406§ 5406.5…§ 5406.7§ 5407§ 5407.5§ 5408§ 5409§ 5410§ 5410.1§ 5411§ 5412§ 5413

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