GENERAL LEGAL PRINCIPLES; WAIVER – Failure to Timely Raise Affirmative Defense
Single Topic for Decision 1988M
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1402.07000 – Failure to Timely Raise Affirmative Defense
Employer waived its affirmative defense of deferral to arbitration by not raising defense in its answer or moving to amend answer at hearing to include defense. Thus, ALJ could not address the defense in proposed decision nor could the Board address the defense on appeal.