CNA Ins. Co. v. Workers' Comp. Appeals Bd.
Opinion
Opinion
Hastings, J.
In this petition for review of denial of a petition for reconsideration, we determine that the Workers’ Compensation Appeals Board properly ordered an insurer to cover certain payments made to an injured worker.
Background
Long Beach Water Concessions bartender Celia Baker sustained injuries to her person when she proceeded down the gangway of her assigned vessel, Catalina King, and a surge of water from another arriving vessel caused the gangway and the City of Avalon’s floating dock to move in different directions and Baker to fall onto the dock. Baker had been disembarking to order supplies, one of her responsibilities as an employee. Evidence indicated Baker spent between 80 and 99 percent of her working hours on board the vessels to which she was assigned.
Baker sought recompense for her injuries in several forums and in the following order: (1) an application for benefits pursuant to the Longshore and Harbor Workers’ Compensation Act (LHWCA; 33 U.S.C. § 901 et seq.); (2) a civil action in Los Angeles Superior Court (No. NC004844) against Long Beach Water Concessions (Employer), the City of Avalon (which had refused her tort claim), and Crowley Marine…