Rea

The primary issue we decide in this case is that the Workers’ Compensation Appeals Board overstepped its authority by implementing new procedures relative to proceedings involving the Uninsured Employers Fund.

INTRODUCTION

Daniel Milbauer was injured on October 17, 1994, while performing his duties as a messenger and courier. Since the employer was illegally uninsured *629 for workers’ compensation, Milbauer, through counsel, claimed benefits from petitioner John Rea, Acting Director of the Department of Industrial Relations, as administrator of the Uninsured Employers Fund. 1 On or about May 8, 2003, the workers’ compensation administrative law judge (WCJ) issued a decision that Erez Boostan, an individual and doing business as American Runner Attorney Service, is the illegally uninsured employer, and awarded benefits. The Fund petitioned the respondent, Workers’ Compensation Appeals Board (WCAB), for reconsideration and alleged that American Runner Attorney Service, Inc., is the correct illegally uninsured employer, and there is no jurisdiction or liability under section 3716, subdivision (d). 2

In an in bank decision, 3 the WCAB concluded that substantial evidence…