Graphic Arts Mutual Insurance v. Time Travel International, Inc.
Opinion
Opinion
Todd, J.
The parties agree that the issue presented here is one of first impression: May an insurance carrier held liable for workers’ compensation benefits under Labor Code section 5500.5 pursue an action in civil court seeking reimbursement from an unlawfully uninsured employer or does the Workers’ Compensation Appeals Board (WCAB) have exclusive jurisdiction? Because we find that plaintiff and appellant Graphic Arts Mutual Insurance Company may proceed in superior court, we reverse the judgment of dismissal following the sustaining of a demurrer without leave to amend.
FACTUAL AND PROCEDURAL BACKGROUND
On appeal from a judgment of dismissal following a demurrer sustained without leave to amend, we assume the truth of all well-pleaded facts, as well as those that are judicially noticeable. (Howard Jarvis Taxpayers Assn. v. City of La Habra (2001) 25 Cal.4th 809, 814 [ 107 Cal.Rptr.2d 369 , 23 P.3d 601 ]; Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [ 216 Cal.Rptr. 718 , 703 P.2d 58 ].)
From September 15, 1993 through September 15, 1994, appellant insured defendant and respondent Time Travel International, Inc., for workers’ compensation benefits. Thereafter, respondent was…