Legal Question in Workers Comp in California

In a case with concurrent jurisdictional between the wcab and the lhwca where a settlement was made and the wcab alj approved it and it was later ruled not approved by the lhwca district directory . Is it void on the state leval?


Asked on 4/01/13, 3:24 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

The Workers Compensation Appeals Board has power and authority to make 'final' rulings on benefits due you under the WORKERS COMPENSATION ACT of the California Labor Code.

LHWCA is a FEDERAL law. The federal Dept of Labor administers those work injury benefits conferred by federal statute.

If you worked for an employer covered by the Workers Compensation Act of the California Labor Code, the benefits you get are through the California Labor Code and the Workers Compensation Judge (an arm of the Governor's office) has power to make a ruling on those benefits.

BUT if you worked for an entity covered by the Longshoremen's regulations, the WCAB Judge has no power to administer federal Longshoremen's benefits. SO THERE IS SOMETHING WRONG IF YOU THINK THERE IS CONCURRENT JURISDICTION because there should be either a WCAB Claim or a LHWCA Claim but never both simultaneously.

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Answered on 4/01/13, 4:51 pm


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