CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted applicant's petition for removal, rescinding the trial judge's order to cancel a hearing on a Labor Code section 132a discrimination claim. The WCAB found that a superior court's order compelling arbitration and staying WCAB proceedings was invalid due to lack of jurisdiction. The superior court cannot enjoin or interfere with the WCAB's proceedings. Therefore, the case is returned to the trial level for further proceedings on the applicant's discrimination claim.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted applicant's petition for removal, rescinding the trial judge's order to cancel a hearing on a Labor Code section 132a discrimination claim. The WCAB found that a superior court's order compelling arbitration and staying WCAB proceedings was invalid due to lack of jurisdiction. The superior court cannot enjoin or interfere with the WCAB's proceedings. Therefore, the case is returned to the trial level for further proceedings on the applicant's discrimination claim.
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