What is the test for an application to appeal against a finding that a plaintiff received workers' compensation benefits during a medical malpractice case?

California, United States of America


The following excerpt is from Porter v. Board of Retirement of the Orange County Employees' Retirement, G038450 (Cal. App. 6/18/2008), G038450. (Cal. App. 2008):

Defendant correctly claims that this appeal is premature because plaintiff filed it before defendant could conduct a hearing to determine the period during which plaintiff received workers' compensation and her ability to repay that amount. "`Under the doctrine of the exhaustion of administrative remedies, a party must go through the entire proceeding to a "final decision on the merits of the entire controversy" before resorting to the courts for relief.' [Citation.]" (Bollengier v. Doctors Medical Center (1990) 222 Cal.App.3d 1115, 1125, italics omitted.)

Plaintiff concedes she did not exhaust her administrative remedies but asserts this case falls within an exception that "the exhaustion requirement is excused where its pursuit would be futile, idle or useless. [Citation.]" (Bollengier v. Doctors Medical Center, supra, 222 Cal.App.3d at p. 1126.) She maintains that once defendant makes the ordered findings, the case will ultimately return to this court to decide whether the trial court's interpretation of compensation to include workers' compensation benefits is correct. She concludes the information is "meaningless for purposes of this appeal." We disagree.

Other Questions


Is medical advice to an applicant for workers' compensation benefits sufficient to trigger the statute of limitations? (California, United States of America)
Is there any case law in which a finding by a medical board of medical malpractice can be overturned? (California, United States of America)
Under what circumstances would a plaintiff's damages be reduced by the amount of workers' compensation benefits received? (California, United States of America)
Does a medical malpractice plaintiff have a need for protection in a medical negligence case? (California, United States of America)
What is the test for a defendant to appeal against the findings of an expert in a medical malpractice case? (California, United States of America)
What is the effect of a finding of involuntary medication authorization in a medical malpractice case? (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)
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 a modification to plaintiff's liability in a medical malpractice case alter plaintiff's claim for personal injury? (California, United States of America)
On appeal, what is the test for determining whether a finding by a jury in a medical malpractice case is "substantial evidence"? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.