Wcab

Le Parc Community Association (Le Parc) seeks review of the decision by the Workers’ Compensation Appeals Board (Board) granting Tim Curren’s petition for reconsideration, rescinding the workers’ compensation administrative law judge’s order dismissing Curren’s workers’ compensation case against Le Parc and returning the matter to the hearing level for further proceedings.

The essential issue presented is whether Curren’s dismissal with prejudice of his superior court action for negligence against Le Parc, pursuant to the terms of a settlement agreement that was not submitted to the Board for approval, precludes further prosecution of his claim against Le Parc in the workers’ compensation forum. We hold that a civil action for negligence by an injured employee against an illegally uninsured employer pursuant to Labor Code section 3706, as a matter of law, is not based on the same cause of action as an application for compensation filed with the Board pursuant to sections 3600 and 3715 and that principles of res judicata and collateral estoppel do not bar Curren’s pursuit of his workers’ compensation remedy. Accordingly, we affirm the Board’s order.

FACTUAL AND…