Legal Opinion

Fidelity & Casualty Co. of New York v. Workers' Compensation Appeals Board

California Court of Appeal

Decided March 31, 1980No. Civ. 18798PublishedCited by 18 opinions

1Opinion of the Court

Opinion

BLEASE, J.

Fidelity and Casualty Company of New York (Fidelity), a workers’ compensation insurer, petitions this court for a writ of mandate ordering the Workers’ Compensation Appeals Board (WCAB) to limit its consideration of real party in interest Edward Harris’ (Harris) case to the issue whether good cause exists within the meaning of Labor Code section 5803 to rescind a compromise and release agreement entered into on August 15, 1975, between Fidelity and Harris.

Fidelity contends that the WCAB exceeded its statutory and constitutional authority by: (1) taking and considering…

2Cases cited41 opinions

  1. Interstate Commerce Commission v. Louisville & Nashville RailroadSupreme Court of the United States · 1913
  2. Int. Com. Comm. v. Louis. & Nash. RRSupreme Court of the United States · 1913
  3. Agricultural Labor Relations Board v. Superior CourtCalifornia Supreme Court · 1976
  4. County of Sacramento v. HickmanCalifornia Supreme Court · 1967
  5. San Francisco Unified School District v. JohnsonCalifornia Supreme Court · 1971

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3Cited by18 opinions

  1. Greener v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1993
  2. LeBoeuf v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1983
  3. Jackson v. City of SacramentoCalifornia Court of Appeal · 1981
  4. Beverly Hills Multispecialty Group, Inc. v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1994
  5. Carlsbad Aquafarm, Inc. v. State Department of Health ServicesCalifornia Court of Appeal · 2000

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