Pizza Hut of San Diego, Inc. v. Workers Compensation Appeals Board

Opinion

BROWN (Gerald), P. J.

Pizza Hut of San Diego, Inc. (Pizza Hut) seeks annulment of a workers’ compensation award on the ground the applicant’s claim is barred by the one-year statute of limitations established by Labor Code section 5405.

Upon reconsideration the Workers’ Compensation Appeals Board (Board) rejected Pizza Hut’s claim of bar for two reasons: (1) Pizza Hut had failed to prove its affirmative defense based upon the statute of limitations, and (2) Pizza Hut was estopped to assert the statute of limitations under the doctrine announced in Reynolds v. Workmen’s Comp. Appeals Bd.,…