Hollingsworth v. Superior Court, No. B297658 (D2d4 Jul. 24, 2019)
If you get hurt at work, workers’ compensation is generally your exclusive remedy. But there are exceptions, which can take your claim out of the workers’ comp. administrative system and let you file in superior court. At some point, however, somebody needs to decide which system you should be in. California courts have generally held that both the Workers’ Compensation Appeal Board and superior courts have jurisdiction to, at minimum, decide the threshold question of whether they have jurisdiction to entertain the claim. But who decides when there are cases in both fora? The Court of Appeal here holds that whichever forum first took up jurisdiction over the issue should be the one to decide. Here, that was the superior court.
Writ granted.
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