Legal Opinion

Argonaut Insurance v. Superior Court

California Court of Appeal

Decided January 31, 1985No. B007316PublishedCited by 15 opinions

1Opinion of the Court

Opinion

ROTH, P. J.

We determine the claims of real parties in interest as alleged in their superior court complaint for wrongful death are embraced in the exclusive jurisdiction of the Workers’ Compensation Appeals Board (WCAB) and respondent’s demurrer on that ground should have been sustained.

On July 11, 1973, Landeryou, wife and mother of real parties, received work-related back injuries. Argonaut Insurance, petitioner, was, after a hearing on a workers’ compensation claim, ordered by the WCAB to provide lifetime medical care for Landeryou.

On December 2, 1983, real parties filed an action…

2Cases cited11 opinions

  1. Molien v. Kaiser Foundation HospitalsCalifornia Supreme Court · 1980
  2. Unruh v. Truck Insurance ExchangeCalifornia Supreme Court · 1972
  3. Everfield v. State Compensation Insurance FundCalifornia Court of Appeal · 1981
  4. Burnight v. Industrial Accident CommissionCalifornia Court of Appeal · 1960
  5. Cervantes v. Great American InsuranceCalifornia Court of Appeal · 1983

6 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Le Parc Community Ass'n v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2003
  2. Soto v. Royal Globe InsuranceCalifornia Court of Appeal · 1986
  3. Rymer v. HaglerCalifornia Court of Appeal · 1989
  4. Smith v. Commonwealth Land Title InsuranceCalifornia Court of Appeal · 1986
  5. Kincaid v. KincaidCalifornia Court of Appeal · 2011

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