Home/Case Law/JERRY LEDGER III vs. STEVE DOVALI CONSTRUCTION, BARRY HALAJIAN DBA INDUSTRIAL ELECTRIC COMPANY, GRANITE STATE INSURANCE, BENCHMARK INSURANCE
Regular DecisionWorkers' Compensation

JERRY LEDGER III vs. STEVE DOVALI CONSTRUCTION, BARRY HALAJIAN DBA INDUSTRIAL ELECTRIC COMPANY, GRANITE STATE INSURANCE, BENCHMARK INSURANCE

Filed: Aug 05, 2016
Fresno
ADJ9136267

CompFox AI Summary

In this workers' compensation case, the Appeals Board granted removal, rescinded a prior order staying Superior Court actions, and affirmed an order for mandatory arbitration. The Board found that coverage disputes arising from an insurer's claim of policy cancellation fall exclusively within the WCAB's jurisdiction, as resolution is necessary for applicant benefits. While the WCAB has exclusive jurisdiction over these disputes, it lacked the authority to stay the separate Superior Court actions, which is a power reserved for higher courts. Therefore, the parties must proceed to arbitration, and the Superior Court actions are not stayed by the WCAB.

Full Decision Text1 Pages

In this workers' compensation case, the Appeals Board granted removal, rescinded a prior order staying Superior Court actions, and affirmed an order for mandatory arbitration. The Board found that coverage disputes arising from an insurer's claim of policy cancellation fall exclusively within the WCAB's jurisdiction, as resolution is necessary for applicant benefits. While the WCAB has exclusive jurisdiction over these disputes, it lacked the authority to stay the separate Superior Court actions, which is a power reserved for higher courts. Therefore, the parties must proceed to arbitration, and the Superior Court actions are not stayed by the WCAB.

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JERRY LEDGER III vs. STEVE DOVALI CONSTRUCTION, BARRY HALAJIAN DBA INDUSTRIAL ELECTRIC COMPANY, GRANITE STATE INSURANCE, BENCHMARK INSURANCE (2016) – Fresno | CompFox