Benjamin v. Ricks

Opinion

KAUFMAN, J.

Upon trial of a special defense (see Code Civ, Proc., § 597) the trial court held that exclusive jurisdiction of plaintiff’s claim was vested in the Workers’ Compensation Appeals Board. (See Lab. Code, §§ 3600, 3601.) Plaintiff appeals, contending that the exclusive remedy provision of Labor Code section 3601 is outside the scope of the constitutional authorization for a workers’ compensation program and denies plaintiff due process of law and equal protection of laws under the federal and California Constitutions. We have concluded that these contentions are not meritorious…