Insurance Co. of North America v. Department of Industrial Relations

*763 Opinion

Plaintiff and appellant Insurance Company of North America (insurer) appeals from orders dismissing its complaint for declaratory relief, and for a temporary restraining order, preliminary injunction and permanent injunction, as to defendants and respondents Self-Insurer’s Security Fund (fund), Department of Industrial Relations (department), and department director Ron Rinaldi (director), after their demurrers to the complaint were sustained without leave to amend. (Code Civ. Proc., § 581, subd. (f)(1).) At issue is the applicability of Labor Code section 3701.5, subdivision (g), which provides, inter alia, for resolution by the director of disputes between a surety and the fund with respect to payment of workers’ compensation claims against a private self-insured employer who fails to pay such claims, and for the taking of an appeal from the director’s decision to the Workers’ Compensation Appeals Board. We determine the statute applies, and affirm the judgment.

Facts

In 1984, the Legislature created the fund “to provide for the continuation of workers’ compensation benefits delayed due to the failure of a private self-insured employer to meet its compensation…