McGee Street Productions v. Workers' Compensation Appeals Board

We hold the Workers’ Compensation Appeals Board (the Board) may not allow joinder of a new party after the expiration of the one-year statute of limitations for the filing of a serious and willful misconduct claim. (Lab. Code, § 5407.) Accordingly, we annul the Board order in this case that permitted joinder.

Factual and Procedural Background

The underlying facts are undisputed. Kenneth Peterson (Peterson) suffered a fatal heart attack while working on a movie production in Arizona on February 17, 2000. Peterson was employed by both a general employer and a special employer. The general employer was Entertainment Partners (Entertainment), which handled payroll and regular workers’ compensation benefits. The special employer was the production company, McGee Street Productions (McGee Street). Peterson’s wife, Gabrielle, filed claims against Entertainment for a specific and a cumulative trauma injury on behalf of her husband, herself and their two dependent children. Entertainment settled those claims.

On February 2, 2001, within one year of the date of death, Gabrielle Peterson then filed a second petition, this time alleging serious and willful misconduct against only…