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4365 An employee's tort action against an employer who failed to provide workers' compensation coverage as required by law is an action on a liability created by statute and therefore is subject to the three-year statute of limitations; the statute of limitations on a personal injury action by an employee against an employer is tolled during the pendency of a workers' compensation claim; since the date the employee discovered lack of coverage is not relevant, sanctions imposed by the trial court based on the employee's misstatement of that date should be reconsidered on remand.CitationVALDEZ v HIMMELFARB (WC Coverage) 144 CA4 1261 [See: LabC 3706; CCP 338; Rideaux v Torgrimson 12 C2 633; Elkins v Derby 12 C3 410]
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