Authorities as the decision cited them, with how this panel applied each one.
Labor Code Section 5909
Appeals Board must act on petition for reconsideration within 60 days of transmission of case to Appeals Board.
The decision was issued on the 60th day after transmission, thus timely acting on the petition.
From the decision · page 1Former Labor Code section 5909 provided that a petition for reconsideration was deemed
denied unless the Appeals Board acted on the petition within 60 days from the date of filing.
(Lab. Code, § 5909.) Effective July 2, 2024, Labor Code section 5909 was amended to state in
relevant part that:
Labor Code Sections 5300, 5301, 133
Appeals Board has personal jurisdiction over parties and subject matter jurisdiction over issues where injury occurs in California and employer has minimum contacts with California.
The employer conducted 10% of business in California, applicant was injured in California, and the contract was accepted in California, establishing jurisdiction.
From the decision · page 5MC Carrier, LLC is challenging the jurisdiction of the Appeals Board to adjudicate issues
related to the payment of workers' compensation benefits for the injury sustained by applicant. In
order to address the issues, it needs to be established that the appeals board has personal
jurisdiction over the parties, and subject matter jurisdiction over the issues.
Labor Code Section 3202
Workers' compensation laws are to be liberally construed to extend benefits to injured employees.
The contract of employment was accepted in California and conditions subsequent do not negate jurisdiction.
From the decision · page 8...Also of significance is the command of section 3202 of the Labor Code that
the workman's (Sic) compensation laws are to be liberally construed in order to extend
their benefits to injured employees. In the instant case the Commission was justified in
concluding that the contract of hire between Egan and Reynolds was made in California,
on the theory that the union was the agent of Reynolds for the purpose of transmitting
offers of employment to its members and, that Egan accepted Reynolds offer when he
received his dispatch referral slip and departed for the job site. (Reynolds Electrical and
Engineering, supra. at page 417).
Labor Code Section 925
California has a strong governmental interest in applying its workers' compensation laws to protect its residents injured in California, overriding forum selection agreements favoring other states.
California's interest in protecting its residents injured in California outweighs the forum selection agreement favoring Nevada.
From the decision · page 11California courts have repeatedly expressed a strong governmental interest in applying its
workers' compensation laws to persons injured under circumstances where it is disputed that the
state has workers' compensation jurisdiction (Travelers Insurance Company v. WCAB (Coakley),
at 530, supra.; Rocor Transportation v. WCAB (Hogan) (1999) 64 CCC 1117) (Writ Denied). In
Coakley, the court explained California's interests in applying its workers' compensation law as
follows: