All the following proceedings shall be instituted before the appeals board and not elsewhere, except as otherwise provided in Division 4:
(a)For the recovery of compensation, or concerning any right or liability arising out of or incidental thereto.
(b)For the enforcement against the employer or an insurer of any liability for compensation imposed upon the employer by this division in favor of the injured employee, his or her dependents, or any third person.
(c)For the determination of any question as to the distribution of compensation among dependents or other persons.
(d)For the determination of any question as to who are dependents of any deceased employee, or what persons are entitled to any benefit under the compensation provisions of this division.
(e)For obtaining any order which by Division 4 the appeals board is authorized to make.
(f)For the determination of any other matter, jurisdiction over which is vested by Division 4 in the Division of Workers’ Compensation, including the administrative director and the appeals board.
Notes of Decisions
United States Fid. & Guar. Co. v. Lee Inv. LLC, 641 F.3d 1126 (9th Cir. 2011).
· cites it 4× “Accordingly, the Employer argues that a California state court could not entertain the Insurer’s complaint, and therefore that, pursuant to the Erie doctrine, neither can the federal courts.”
La Jolla Beach & Tennis Club, Inc. v. Indus. Indem. Co., 884 P.2d 1048 (Cal. 1994).
· cites it 2× “XIV, § 4, Lab. Code, § 5300.) Accordingly, the superior court and the WCAB in this case “do not have concurrent jurisdiction over the whole of the controversy, and one of them will be without jurisdiction to grant any relief whatsoever, depending upon whether or not the injuries…”
King v. CompPartners, Inc., 423 P.3d 975 (Cal. 2018).
“The exclusivity doctrine also derives from other provisions of the WCA: namely, Labor Code section 5300, which establishes the exclusive jurisdiction of the Workers' Compensation Appeals Board over disputes concerning an employee's right to compensation or the liability of an…”
City of Moorpark v. Superior Court, 959 P.2d 752 (Cal. 1998).
· cites it 4× “) The court also quoted Labor Code section 5300, which provides that proceedings “[f]or the recovery of compensation, or concerning any right or liability arising out of or incidental thereto” “shall be instituted before the [Workers’ Compensation] [A]ppeals [B]oard and not…”
Bowen v. Workers' Comp. Appeals Bd., 73 Cal. App. 4th 15 (Cal. Ct. App. 1999).
· cites it 2× “Labor Code section 5305, by contrast, is contained in Chapter 1 ("Jurisdiction") of Part 4 ("Compensation Proceedings").”
Webster v. Superior Court, 758 P.2d 596 (Cal. 1988).
“(Lab. Code, § 5300.) If the insolvency statutes were construed to give the liquidation court exclusive jurisdiction of all claims, including those for workers’ compensation, there would be a clear conflict between the Labor and Insurance Codes.”
Williams v. Minnesota Mining & Mfg. Co., 14 F.R.D. 1 (S.D. Cal. 1953).
· cites it 2× “Turning then to the affidavits on file, in determining defendant Midland’s motion to dismiss for “lack of jurisdiction over the subject matter” Fed.”
Renteria v. Cnty. of Orange, 82 Cal. App. 3d 833 (Cal. Ct. App. 1978).
“” Labor Code section 5300 declares that proceedings to recover workers’ compensation shall be instituted before the Workers’ Compensation Appeals Board and not elsewhere.”
San Francisco Bay Area Rapid Transit Dist. v. Gen. Reinsurance Corp., 111 F. Supp. 3d 1055 (N.D. Cal. 2015).
· cites it 2× “In this Context, Date of Injury is Not Within the WC Appeal Board’s Exclusive Jurisdiction Labor Code Section 5300 defines the “exclusive jurisdiction” of the WC Appeals Board, and provides in relevant part that all of the following proceedings “shall be instituted before the…”
Cal. Labor Code § 5300(a): 2 cases
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