State Farm General Insurance v. Workers' Compensation Appeals Board

Labor Code section 5950 provides that any person aggrieved by a final order, decision, or award of the Workers’ Compensation Appeals Board (WCAB) may, within the prescribed time limit, apply to the Court of Appeal for a writ of review. Appellate review is limited to final orders that affect a substantial right or liability of a party. (Duncan v. Workers’ Comp. Appeals Bd. (2008) 166 Cal.App.4th 294, 299 [ 82 Cal.Rptr.3d 664 ].) The failure of an aggrieved party to seek judicial review of a final order of the WCAB bars later challenge to the propriety of the order or decision before either the WCAB or the court. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1075-1076 [ 97 Cal.Rptr.2d 418 ] (Maranian); see Safeway Stores, Inc. v. Workers’ Comp. Appeals Bd. (1980) 104 Cal.App.3d 528, 532-535 [ 163 Cal.Rptr. 750 ].)

This petition for writ of review challenges the WCAB’s decision allowing California Insurance Guarantee Association (CIGA) to pursue a claim for reimbursement against State Farm General Insurance Company (State Farm), after the WCAB had previously rejected the claim and CIGA had failed to timely seek judicial review. We conclude that CIGA’s…