Section 5409 Of Chapter 2. Limitations Of Proceedings From California Labor Code >> Division 4. >> Part 4. >> Chapter 2.

. The running of the period of limitations prescribed by this chapter is an affirmative defense and operates to bar the remedy and not to extinguish the right of the employee. Such defense may be waived. Failure to present such defense prior to the submission of the cause for decision is a sufficient waiver.