Does the California Workers' Compensation Board have jurisdiction to award compensation to Pacific Bay?

California, United States of America


The following excerpt is from Pac. Bay Recovery, Inc. v. Workers' Comp. Appeals Bd., D070022 (Cal. App. 2016):

The WCAB is vested with exclusive "judicial power in all disputes arising under the Workers' Compensation Act . . . and in general has inherent power to control its practice and procedure to prevent frustration, abuse, or disregard of its processes." (Crawford v. Workers' Comp. Appeals Bd. (1989) 213 Cal.App.3d 156, 164.) Our review of a decision of the WCAB is limited to whether the WCAB acted without or in excess of its powers and whether the order, decision or award was unreasonable, not supported by

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substantial evidence or procured by fraud. (Lab. Code, 5952.) Because the WCAB has exclusive jurisdiction over Pacific Bay's claims, and this court's review of the decisions of the WCAB is narrow, we defer to the WCAB. (Crawford v. Workers' Comp. Appeals Bd., supra, 213 Cal.App.3d at p. 165; see also Lab. Code, 5803 [WCAB "has continuing jurisdictional over all of its orders, decisions and awards."].)

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