Greener

Greener v. Workers' Compensation Appeals Board

Good Law
1993 Cal. LEXIS 6376·25 Cal. Rptr. 2d 539·6 Cal. 4th 1028·93 Daily Journal DAR 16535·863 P.2d 784
Supreme Court of CaliforniaDecember 27, 1993S034084California6,077 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.