132(a) in Superior Court (California)

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132(a) in Superior Court (California)

Postby bspettit on Tue Oct 13, 2009 9:06 am

What are advantages/disadvantages to filing a 132(a) in Superior Court vs. WCAB? If filed in Superior Court as a wrongful term claim, I'm wondering whether liability is limited as it would be in the WCAB, or not. Also, I know we can't settle a workers' comp claim in the civil arena, are there issues of collateral estoppel/res judicata or should settlement of the civil case include a C&R for board approval and/or any other "CYA"?

Thank you in advance for your thoughts.
bspettit
 
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