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Anderson v. Metalclad Insulation Corp.5/19/1999
Anderson did not dispute any of Metalclad's asserted undisputed facts. Instead, Anderson asserted that, as a matter of law, these facts did not establish that the statute of limitations had been triggered in either February or April 1995. Anderson contended that filing a workers' compensation claim does not constitute a first lawsuit waiving the benefit of the longer limitations period, and that section 340.2 subdivision (a) permitted him to wait until he was disabled before filing a personal injury lawsuit. He also submitted his own separate statement of undisputed facts, citing his own response to an interrogatory, apparently asserting that he was still employed full-time at the time of filing the complaint.
At the hearing on the motion, the court rejected Metalclad's contention based upon Darden and Barr, that filing a workers' compensation claim constituted a "first lawsuit" triggering the one-year limitations period. Although Metalclad had never advanced the argument in its moving papers, the court suggested that the undisputed fact that Anderson had filed a workers' compensation claim for temporary and permanent disability benefits, was sufficient evidence that he was disabled within the meaning of section 340.2 subdivision (b) to shift the burden to Anderson to come forward with some evidence that he was not disabled. The court rejected Anderson's counsel's argument that filing a claim for workers' compensation disability benefits could not by itself support the inference that the employee was disabled within the meaning of section 340.2 subdivision (b), because an employee can be eligible for workers' compensation benefits, without being permanently precluded from performing his or her regular occupation. The court did note that Anderson's interrogatory answer stated he was not disabled, and continued to work until he filed the complaint. The court made no formal ruling on the admissibility of the interrogatory answer, but adopted its tentative ruling granting Metalclad's motion for summary judgment.
Anderson moved for a new trial, and to vacate the prior order. The motion to vacate the order granting summary judgment was based upon his assertion that the failure to submit Anderson's declaration that he had not lost any work time for the injury described in his workers' compensation claim, instead of the interrogatory response, was due to his counsel's mistake, inadvertence, and excusable neglect. Anderson submitted, among other things, his declaration that he was employed by Southern California Edison Company from 1966 until his retirement on July 1, 1996, that his retirement was not a disability retirement, and that when he filed his workers' compensation claim in 1995, he was working full-time as a welding instructor. The court observed that had the declaration been submitted in Anderson's opposition, the court might have denied the motion for summary judgment, but Anderson's counsel failed to explain why he could not have submitted it at that time. The court denied these motions on February 25, 1998.
The court entered judgment in favor of Metalclad on January 21, 1998, and notice of entry was served on March 3, 1998. Anderson filed a timely notice of appeal on March 11, 1998.
ANALYSIS
Metalclad's motion for summary judgment was based upon the contention that the undisputed facts that Anderson had filed a workers' compensation claim describing his injury as "asbestosis" in February 1995, and an application for adjudication of that claim in April 1995, established its affirmative defense that his complaint was filed after the limitations period set forth in section 340.2 expired.
A defendant moving for summary judgment
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