Franczak v. Liberty Mutual Insurance

I dissent.

The majority persuasively establish that under Labor Code sections 5800 and 5806, and Code of Civil Procedure section 1033, the superior court possesses jurisdiction to award interest on awards from the *488Workers’ Compensation Appeals Board. The superior court is clearly vested with such jurisdiction by the statutes. However, Labor Code section 5806 also makes clear that jurisdiction is created only by filing a certified copy of the award. No provision exists for invoking superior court jurisdiction by filing a complaint.

Because the Legislature severely limits superior court…