Legal Opinion
McGee Street Productions v. Workers' Compensation Appeals Board
California Court of Appeal
Decided May 12, 2003No. B162142PublishedCited by 7 opinions
1Opinion of the Court
Opinion
RUBIN, J.
We hold the Workers’ Compensation Appeals Board (the Board) may not allow joinder of a new party after the expiration of the one-year statute of limitations for the filing of a serious and willful misconduct claim. (Lab. Code, § 5407.) Accordingly, we annul the Board order in this case that permitted joinder.
Factual and Procedural Background
The underlying facts are undisputed. Kenneth Peterson (Peterson) suffered a fatal heart attack while working on a movie production in Arizona on February 17, 2000. Peterson was employed by both a general employer and a special employer. The…
2Cases cited19 opinions
- Moyer v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1973
- DuBois v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1993
- Mercer - Fraser Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1953
- Industrial Indemnity Co. v. Industrial Accident CommissionCalifornia Court of Appeal · 1953
- Kowalski v. Shell Oil Co.California Supreme Court · 1979
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3Cited by7 opinions
- Fireman's Fund Insurance v. Sparks Construction, Inc.California Court of Appeal · 2004
- Aguilera v. HeimanCalifornia Court of Appeal · 2009
- Albillo v. Intermodal Container Services, Inc.California Court of Appeal · 2003
- California Insurance Guarantee Ass'n v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2008
- Barr v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2008
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