STORY FROM: Occupational Exposure Litigation

Excess Insurer Not Bound by Decision of Workers’ Compensation Appeals Board, Calif. Judge Rules

SAN FRANCISCO — An excess insurer may litigate the date of injury in a coverage dispute arising from a multiple myeloma workers' compensation claim, a California federal magistrate judge has ruled, explaining that the insurer is not bound by the decision of the Workers’ Compensation Appeals Board.

On June 24, Judge Jacqueline S. Corley of the U.S. District Court for the Northern District of California explained that the "exclusive jurisdiction" of the WC Appeals Board is limited to claims involving compensation to the employee and does not extend to breach of contract actions.

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