Beneficiary’s Petition for Serious and Willful Misconduct Not Time-Barred

Third Appellate District Rejects Employer’s Limitations–Based Argument

By: Rick Waldinger

A construction company argued that a surviving beneficiary of a road grader, who died not long after a worksite accident, failed to file and serve her petition for “serious and willful misconduct” within the 12-month limitations period and, as a result, it was too late. What did the appellate court say?

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