California Court of Appeal

Trial court's denial of a private healthcare staffing agency's petition for a peremptory writ of administrative mandamus, challenging the State Compensation Insurance Fund's (SCIF) determination that petitioner's per diem payments to traveling nurses counted as payroll in assessing additional premium, is affirmed where: 1) the trial court did not err in applying the substantial evidence standard of review; 2) the Commissioner's decision is not preempted by federal law; 3) the Commissioner did not create a new regulation; and 4) equity does not prevent retroactive application of the Commissioner's decision.

Appellate Information

• Decided 11/06/2012
• Published 11/06/2012

Judges

• Todd

Court

• California Court of Appeal

Counsel