Filed 5/17/16 Pacific Bay Recovery v. WCAB (Sun Health Care) CA4/1
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California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
PACIFIC BAY RECOVERY, INC., D070022
Petitioner, (WCAB Nos. ADJ3651505 &
SDO33086)
v.
WORKERS' COMPENSATION APPEALS
BOARD and SUN HEALTH CARE et al.,
Respondents.
Petition for writ of review from an order of the Workers' Compensation Appeals
Board. Petition granted. The order is annulled and the matter remanded.
James Michael Hester for Petitioner.
James Alton Page for Respondents Sun Health Care and Broadspire Insurance
Company.
Richard L. Newman and John F. Shields for Respondent Workers' Compensation
Appeals Board.
On March 23, 2016, Pacific Bay Recovery, Inc. (Pacific Bay) petitioned this court
for review of the February 6, 2016 Worker's Compensation Appeals Board (WCAB)
decision upholding the denial of its claim for payment. In response to Pacific Bay's
petition, the WCAB notified this court that "one of the reasons expressed in its February
6, 2016 Opinion and Order Denying Petition for Reconsideration is in error." The
WCAB asks this court to grant Pacific Bay's petition, summarily annul its decision, and
remand the case for further proceedings before the WCAB.
As a result of this request, this court notified the parties that it was considering
granting Pacific Bay's petition for review, summarily annulling the WCAB's February 8,
2016 order and remanding the matter to the WCAB. (See, e.g., Palma v. U.S. Industrial
Fasteners, Inc. (1984) 36 Cal.3d 171, 177-180 [absent exceptional circumstances, a
peremptory writ in the first instance should not issue without the court having received or
solicited opposition from adverse parties].) Our notice directed the parties to file any
opposition to the court's summary annulment of the February 8, 2016 order and its
remand of the matter to the WCAB within 10 days. Respondents Sun Health Care and
Broadspire Insurance Company filed a response noting that the WCAB has not stated the
grounds of its conceded error and that they "should be allowed to respond to any admitted
error to avoid further litigation."
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."].)
In light of the limited nature of our review, the exclusive jurisdiction of the
WCAB over the petitioner's claims, and the WCAB's position that there was error in the
proceedings before it, we see no reason for further review in this court at this time. The
parties will have the opportunity to seek review here in due course.
DISPOSITION
The petition is summarily granted. The February 6, 2016 order denying Pacific
Bay's petition for reconsideration is annulled and the case is remanded for further
proceedings before the WCAB.
NARES, Acting P. J.
WE CONCUR:
HALLER, J.
McDONALD, J.
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Pacific Bay Recovery v. WCAB (Sun Health Care) CA4/1
Combined Opinion