Argonaut Insurance v. Superior Court

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 in respondent court against petitioner. Real parties alleged that Landeryou at the time of her injury was employed by Valley Memorial Hospital and that they are her husband and two sons. Petitioner was the workers’ compensation carrier for Valley Memorial Hospital. In early 1982 Landeryou experienced increased back pain. She consulted a doctor who recommended back surgery. In May of that year Landeryou requested Argonaut to authorize the surgery. Argonaut did not immediately comply but in October of 1982 Landeryou was examined by an Argonaut doctor who advised surgery would not be helpful. Real…