Legal Opinion
Elkins v. Derby
California Supreme Court
Decided August 22, 1974No. L.A. 30195PublishedCited by 182 opinions
1Opinion of the Court
Opinion
TOBRINER, J.
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…
2Cases cited33 opinions
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
- New York Central & Hudson River Railroad v. KinneySupreme Court of the United States · 1922
- Wennerholm v. Stanford University School of MedicineCalifornia Supreme Court · 1942
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
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3Cited by182 opinions
- Robert R. Cervantes v. City of San Diego San Diego Police Department Dennis Sesma Officer Carlos Garcia Les Wardwell Officer Eugene BojorquezCourt of Appeals for the Ninth Circuit · 1993
- Zina Butler v. Housing Auth. County of LaCourt of Appeals for the Ninth Circuit · 2014
- Addison v. State of CaliforniaCalifornia Supreme Court · 1978
- Denny Lee LONDON, Plaintiff-Appellant, v. COOPERS & LYBRAND, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1981
- Davies v. KrasnaCalifornia Supreme Court · 1975
177 more not listed; retrieve them via the Exa API.