Claim Of Equitable Tolling Of Statute Of Limitations While Plaintiff Pursued Her Work Comp Case.

Plaintiff fell from an outdoor balcony at the offices of her employer. Immediately she began receiving workers’ compensation benefits and later filed a claim with the Workers’ Compensation Appeals Board seeking additional benefits. More than two years after the fall, she filed a superior court action for premises liability against the building owners. She alleged the statute of limitations was equitably tolled while she pursued her workers’ compensation claim. She also claimed defendants were equitably estopped from asserting a statute of limitations defense based on settlement negotiations she claimed had taken place prior to filing her superior court action. The trial court held that neither equitable doctrine, equitable tolling or equitable estoppels, applied, concluded the action was time-barred and entered judgment for defendants. The appellate court reversed in part and remanded, stating: “We conclude that the trial court did not err in denying [plaintiff’s] request for a jury trial, and further conclude that there is substantial evidence to support the trial court’s determination that the doctrine of equitable estoppels does not apply.  However, we conclude . . . that the matter must be remanded to the trial court for factual findings as to whether [plaintiff] demonstrated the elements of equitable tolling.”  (Hopkins v. Kedzierski  (Cal. App. Fourth Dist., Div.1; April 16, 2014)225 Cal.App.4th 736, [170 Cal.Rptr.3d 551].)