MICHAEL SULLIVAN & ASSOCIATES BLOG

The Workers' Compensation Appeals Board (WCAB) is a creature of statute, and its subject matter jurisdiction is limited to the grants of authority conferred by the Legislature. Although it generally has jurisdiction over all injuries occurring within California, it has limited jurisdiction for injuries occurring outside of the state.

Subject matter jurisdiction over injuries occurring outside California is governed primarily by two statutes. Labor Code § 3600.5(a) extends jurisdiction to out-of-state injuries when the employee was hired or is regularly working in California. LC 5305 separately confers jurisdiction when the employee is a California resident at the time of injury and the contract of hire was made in California. The residency requirement of LC 5305 has long been recognized as unconstitutional, leaving the contract of hire as its operative element in practice. So, the Labor Code gives the appeals board jurisdiction over claims for out-of-state injuries when either (1) the contract for hire was made in California, or (2) the out-of-state injured worker is regularly employed in California.

July was packed with opportunities to connect, collaborate, and celebrate. From industry events like the California Workers' Compensation Conference and AWCP's Summer Fun event to team gatherings—including our Employment Law Team retreat and a 30th anniversary bowling celebration—our Team Rhino members stayed busy building relationships, sharing knowledge, and enjoying time together.

Injuries sustained during an employee's commute to or from work generally are not compensable under the "going and coming" rule, which deems that such injuries do not arise out of and in the course of employment. The rule, however, has been described as having a "tortuous history," and has numerous exceptions, which make it difficult to uniformly apply. (Price v. WCAB (1984) 37 Cal. 3d 559, 565.)

June was another busy month for Team Rhino! From connecting with clients and industry partners at conferences and golf tournaments to hosting educational training events and joining clients for summer celebrations, our team had the opportunity to build relationships, share knowledge, and stay engaged with the communities we serve.

SPECIAL REPORT

A workers' compensation compromise and release (C&R) agreement is not enforceable until approved by the Workers' Compensation Appeals Board^[1] (LC 5001). Under CCR 10700, the WCAB is affirmatively required to inquire into the adequacy of all C&R agreements and may set a hearing to take evidence when necessary to determine whether a settlement should be approved or disapproved.

The doctrines of res judicata and collateral estoppel can bar parties from re-litigating claims and issues that were decided previously in workers' compensation proceedings. Res judicata, or claim preclusion, acts to bar claims that were, or should have been, advanced in a previous suit involving the same parties. It arises if a second suit: (1) involves the same cause of action; (2) is between the same parties; and (3) occurs after a final judgment on the merits. (DKN Holdings LLC v. Faerber (2015) 61 Cal. 4th 813, 824.)

May was a busy month for MS&A, filled with opportunities to connect, learn, and engage with the communities we serve. From industry conferences and educational presentations to client gatherings and team-building events, our attorneys and staff were on the move throughout the month.

As Michael Sullivan & Associates celebrates 30 years of serving California employers, we’re taking time throughout the year to reflect on the people, relationships, and milestones that have shaped our journey since the firm opened for business in 1996. To mark this occasion, MS&A Founder and General Managing Partner Michael Sullivan shares a personal letter reflecting on the firm’s growth—from its humble beginnings to the statewide industry leader it is today.