California Court of Appeal

In plaintiff's suit against her former employer, trial court's denial of defendant employer's petition to vacate a contractual arbitration award, and grant of a petition to confirm the award are affirmed where: 1) the trial court properly denied defendant's motion to vacate or modify the arbitration award and appropriately confirmed the award as the award neither invades the exclusive jurisdiction of the Workers' Compensation Appeals Board nor was entered in excess of the arbitrator's powers under the memorandum of understanding (MOU); and 2) insertion in the judgment of language declaring that plaintiff "is judicially estopped later to claim continuing permanent disability benefits in the pending Workers' Compensation case," is stricken from the judgment as the trial court did not have the authority to issue a judgment containing this additional language, which was not in conformity with the arbitration award.

Appellate Information

• Decided 10/15/2010
• Published 10/15/2010

Judges

• Hollenhorst

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Lisa Garvin Copeland, William J. Flynn