Daniel Kaiser

Daniel Kaiser, an electrician, filed an Application for Adjudication of Claim alleging a left shoulder injury sustained on November 5, 1996 while pulling wire through a conduit at California Electric. Defendant filed a Petition for Removal under Labor Code section 5310, arguing the Board lacked jurisdiction because the injury was covered by the alternative dispute resolution (carve-out) process under Labor Code section 3201.5 pursuant to a collective bargaining agreement. The Board denied removal, finding defendant had not established substantial prejudice, but returned the matter to the WCJ for further proceedings. The Board held that a WCJ—not just the Board itself—has the authority and jurisdiction to determine whether a claim falls under section 3201.5 and whether dismissal of the application is appropriate, and that notice-and-hearing procedures should generally be followed to create an adequate record.