Greener
Greener v. Workers' Compensation Appeals Board
Opinion
Opinion
Baxter, J.
We granted review in this case to consider whether a superior court has (1) personal jurisdiction over the Workers’ Compensation Appeals Board, and (2) subject matter jurisdiction over an action to declare provisions of the Workers’ Compensation Act (Lab. Code, § 3200 et seq.) invalid and enjoin enforcement of those provisions. The Court of Appeal held that the superior court had jurisdiction.
We conclude that the superior court lacks subject matter jurisdiction and reverse the judgment of the Court of Appeal.
I
The Superior Court Action
The Legislature amended sections 4903 and 5710 in 1991. (Stats. 1991, ch. 934, § 14; id., ch. 116, § 32.) The amendments terminated the power of the board to make awards of, and allow liens for, attorney fees to applicant representatives who are not attorneys, and to award fees to unlicensed attorneys for representation of an applicant in a deposition taken by an employer or insurer. Appellants, who have graduated from law school and hold juris doctor degrees, but are not members of the State Bar, are “Hearing Representatives” who represent applicants seeking workers’ compensation benefits. They initiated this action for declaratory…