The Blackletter › Chapter 2 · Jurisdiction & Coverage
§ 2.1 Exclusive Jurisdiction of the WCAB
“Pursuant to section 5300, the WCAB has exclusive jurisdiction to adjudicate the “recovery of compensation, or concerning any right or liability arising out of or incidental thereto” of injuries that “arise out of and in the course” of employment.”
(Dennis, supra, 85 Cal.Comp.Cases at p. 396 (Appeals Bd. en banc), as quoted in Vazquez, supra, at p. 8.)
“In other words, the WCAB maintains exclusive jurisdiction pursuant to the California Constitution and section 5300 to adjudicate workers’ compensation disputes.”
(Dennis, supra, as quoted in Vazquez, supra, at p. 8.)
“Compensation includes medical treatment, temporary disability indemnity, permanent disability indemnity, SJDB vouchers, and death benefits.”
(Dennis, supra, citing Lab. Code, § 3207; see Lab. Code, § 3550(d)(5), at p. 8.)
“As discussed in Stevens v. Workers’ Comp. Appeals Bd. (2015) 241 Cal.App.4th 1074, 1091 [80 Cal.Comp.Cases 1262], the Legislature created statutory exceptions to the WCAB’s exclusive adjudicatory jurisdiction in sections 4610 (utilization review) and 4610.6 (independent medical review). (§§ 4610 and 4610.6.) Sections 3715(c) (workers’ compensation insurance) and 4603.6(f) (medical bills) are additional statutory exceptions to the WCAB’s exclusive adjudicatory jurisdiction. (§§ 3715(c) and 4603.6(f).)”
(Dennis, supra, fn. 12, citing Stevens v. Workers’ Comp. Appeals Bd. (2015) 241 Cal.App.4th 1074, 1091; Lab. Code, §§ 3715(c), 4603.6(f), 4610, 4610.6, at p. 8.)
“[W]e are aware that the WCAB’s exclusive jurisdiction to adjudicate workers’ compensation claims is subject to affirmative defenses such as the statute of limitations. In workers’ compensation cases, there is a statute of limitations that specifically defines the time in which an injured worker must file their application for adjudication of benefits. (§ 5405.)”
(Dennis, supra, citing Lab. Code, § 5405, at p. 14.)
“For instance, the WCAB “has broad equitable powers with respect to matters within its jurisdiction. [Citation].” (Truck Ins. Exchange v. Workers’ Comp. Appeals Bd. (Kwok) (2016) 2 Cal.App.5th 394, 401 [81 Cal.Comp.Cases 685].) “[E]quitable doctrines such as laches are applicable in workers’ compensation litigation. [Citations].” (Ibid.)”
(Dennis, supra, quoting Truck Ins. Exchange v. Workers’ Comp. Appeals Bd. (Kwok) (2016) 2 Cal.App.5th 394, 401, at p. 14.)
“In short, the WCAB maintains exclusive jurisdiction to adjudicate workers’ compensation claims unless there is a statutory carve out as discussed in footnote 12, infra.”
(Dennis, supra, at p. 15.)
“[T]he WCAB has broad adjudicatory powers concerning the recovery of workers’ compensation benefits or the recovery of any right or liability regarding injuries arising out of and in the course of employment. (§§ 133, 3600(a), 5300(a).) These broad powers include adjudicating issues that are not directly before us in order to carry out the substantial rights of the parties. (§ 5708 [the Appeals Board “shall not be bound by the common law or statutory rules of evidence and procedure, but may make inquiry in the manner, through oral testimony and records, which is best calculated to ascertain the substantial rights of the parties and carry out justly the spirit and provisions of the division.””
(Dennis, supra, citing Lab. Code, §§ 133, 3600(a), 5300(a); quoting Lab. Code, § 5708, at p. 16.)
“The Office of the Attorney General recognizes that the WCAB “is the adjudicatory body of the workers’ compensation system which imposes on employers as defined therein, without regard to their negligence or the lack of negligence of their employees, a liability to compensate workers for work-related injuries.””
(Dennis, supra, fn. 9, quoting 61 Ops.Cal.Atty.Gen. 46 (1978), citing Western Indemnity Co. v. Pillsbury (1915) 170 Cal. 686, at p. 7.)
Cross-references: § 1.3 (the Board as court); § 19.2 (jurisdiction to approve settlements).; § 1.5 (validity of regulations) Remainder of chapter: reserved.