California Court of Appeal

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LE PARC CMTY. ASS'N v. WORKERS- COMP. APPEALS BD., B164873

A civil action for negligence by an injured employee against an illegally uninsured employer pursuant to Labor Code section 3706, as a matter of law, is not based on the same cause of action as an application for compensation filed with the Board pursuant to sections 3600 and 3715 and principles of res judicata and collateral estoppel do not bar an employee's pursuit of his workers' compensation remedy.

Appellate Information

  • Decided 07/25/2003
  • Published 07/25/2003

Judges

  • PERLUSS, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Graves, Roberson & Bourassa and Marshall W. Graves, Thousands Oaks, for Petitioner., John M. Rea, Chief Counsel, Steven A. McGinty, Assistance Chief Counsel and Stella Owens-Murrell for Real Party in Interest Director of Industrial Relations as Administrator of the Uninsured Employers Fund.

  • For Appellees:
  • No appearance for Respondent Workers' Compensation Appeals Board.,  Finestone, Schumaker, Cocquyt & Ongania and David L. Pollak for Respondent Tim Curren.
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