Does the doctrine of exhaustion of administrative remedies apply to workers' compensation claims?

California, United States of America


The following excerpt is from Knickerbocker v. City of Stockton, 199 Cal.App.3d 235, 244 Cal.Rptr. 764 (Cal. App. 1988):

3 Both the demurrer and this appeal were based solely on the doctrine of exhaustion of administrative remedies. We therefore have no occasion to determine whether, in the context of the civil service and workers' compensation systems, there are other grounds to challenge some of the causes of action. (See e.g., Cole v. Fair Oaks Fire Protection Dist. (1987) 43 Cal.3d 148, 233 Cal.Rptr. 308, 729 P.2d 743.) We hold only that neither the doctrine of exhaustion nor that of issue preclusion bars this case on all of its tendered theories.

Other Questions


Does the exhaustion of remedies doctrine apply to a party who has failed to exhaust judicial remedies? (California, United States of America)
Does the California Workers' Compensation Board have exclusive jurisdiction over a claim that the independent adjuster of a self-insured employer has delayed or failed to pay a workers' compensation award? (California, United States of America)
Does the doctrine of exhaustion of administrative remedies apply to a plaintiff who suffers irreparable harm to his business as a result of the loss of his on-sale license? (California, United States of America)
Does the doctrine of exhaustion of administrative remedies apply to constitutional challenges of zoning ordinances? (California, United States of America)
Does the exhaustion of administrative remedies doctrine apply in situations where the courts lack initial jurisdiction? (California, United States of America)
Does the rule of exhaustion of administrative remedies apply equally to an action for declaratory relief or for equitable relief? (California, United States of America)
How has the workers' compensation bar been interpreted in the context of claims by a medical clinic to recover expenses for medical treatment to injured workers? (California, United States of America)
Does section 2750.5 of the Workers' Compensation Act grant immunity from liability in a personal injury action at law even if the employer's insurer is not responsible for payment of workers' compensation benefits to the injured employee? (California, United States of America)
Does the California Workers Compensation Board have the authority to determine and allow a lien against a Workers Compensation award for living expenses? (California, United States of America)
Does the provocative act murder doctrine apply when the felony-murder doctrine does not apply? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.