What the panel ordered
Petition for removal granted; WCJ order setting MSC on all issues rescinded; case returned to WCJ for bifurcated trial on jurisdictional issues.
Defendant petitioned for removal of the WCJ order setting the matter for Mandatory Settlement Conference on all issues, seeking bifurcation of jurisdictional issues for trial.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Good cause found to bifurcate jurisdictional issues to expedite resolution and avoid unnecessary litigation costs.
From the decision · page 3While the parties to a matter are generally expected to "submit for decision all matters properly in issue at a single trial," the WCJ may also order that the issues in a case be "bifurcated and tried separately upon a showing of good cause." (Cal. Code Regs., tit. 8, § 10787(a).)
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Defendant specially appeared to contest jurisdiction and requested bifurcated trial on jurisdictional issues.
Favours Defendant prevailed
This justified bifurcation to avoid unnecessary litigation costs if defendant prevails.
From the decision · page 3We observe, however, that defendant is specially appearing in this matter for the purpose of contesting jurisdiction. (Petition, at 2:11.) Defendant's July 15, 2022 DOR reiterates that it is specially appearing, and requests bifurcated trial proceedings limited to jurisdiction and possible exemptions and/or exceptions thereto.
Applicant initially objected to trial pending discovery but later advocated for trial on all issues at MSC.
Favours Defendant prevailed
Applicant's position supported bifurcation to resolve jurisdiction first before merits.
From the decision · page 3We further observe that applicant's objection to defendant's DOR averred that trial was premature pending ongoing discovery, and requested that "no action be taken until all discovery has been completed." (Objection to DOR, dated July 21, 2022, at 2:10.) Despite his prior objection, however, applicant advocated for trial on all issues at the August 31, 2022 MSC, which the WCJ granted over defense objection. (Minutes of Hearing, dated August 31, 2022.)
Bifurcation expedites resolution and avoids unnecessary costs and resources.
Favours Defendant prevailed
Supports the decision to bifurcate jurisdictional issues for trial.
From the decision · page 3Here, we believe there is good cause to bifurcate and decide the issues of subject matter and personal jurisdiction. Applicant has indicated he is ready to proceed on all issues including jurisdiction, while defendant has indicated readiness to proceed on jurisdictional issues only. If defendant prevails, there will be no need for further discovery or proceedings. If applicant prevails, the parties will then be able to develop the record on the merits of applicant's claim, and if there is a determination that injury arose out of and in the course of employment, the defendant will no longer require a judicial determination of California jurisdiction prior to delivering any benefits due the applicant.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, 10787(a)
The WCJ may bifurcate and try separate issues upon a showing of good cause.
Applied to find good cause for bifurcation of jurisdictional issues.
From the decision · page 3While the parties to a matter are generally expected to "submit for decision all matters properly in issue at a single trial," the WCJ may also order that the issues in a case be "bifurcated and tried separately upon a showing of good cause." (Cal. Code Regs., tit. 8, § 10787(a).)
Cal. Const., art. XIV, 4
Cases must be determined expeditiously, inexpensively, and without incumbrance.
Supported the decision to bifurcate jurisdictional issues for expedited resolution.
From the decision · page 3We are further mindful of the constitutional mandate that cases be determined "expeditiously, inexpensively, and without incumbrance of any character." (Cal. Const., art. XIV, § 4.) Here, we conclude that bifurcation and trial on threshold jurisdictional issues best meets the requirements for expedited resolution of threshold issues in furtherance of the prompt delivery of reasonable benefits.
Lab. Code 5502(d)
Discovery closes as to the dispute set for trial from the MSC.
Noted that discovery closes as to the bifurcated jurisdictional issues set for trial.
From the decision · page 41 We further observe that pursuant to Labor Code section 5502(d), discovery will close as to "the dispute" being set for trial from the MSC. (Lab. Code § 5502(d)(2)-(3).) Accordingly, the parties may continue to gather information regarding their own case, and may further continue to undertake discovery pertaining to issues not set for trial. (Lab. Code § 5502; see also Grupe Co. v. Workers' Comp. Appeals Bd. (2005) 132 Cal.App.4th 977, 987 [34 Cal. Rptr. 3d 98].)
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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