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

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 evidence unrelated to the issues raised by Harris’ petition for reconsideration; (2) failing to provide Fidelity and Harris with adequate notice and an opportunity to be heard; and (3) failing both to adequately state the evidence relied upon and to specify in detail the reasons for granting reconsideration.

The WCAB has responded by answer to the petition and by return to this court’s order to show cause. In its answer it claims that the court lacks jurisdiction to review the matter by mandate and that, upon reconsideration, the WCAB may consider any issue which could have been raised in the original…