Montesano
Montesano v. Sedgwick, Inc.
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KENNETH MONTESANO, Case No. 24-cv-05099-WHO
8 Plaintiff,
ORDER GRANTING MOTION TO
9 v. DISMISS
10 SEDGWICK, INC., Re: Dkt. No. 25 Defendant. 11
12 Plaintiff Kenneth Montesano (“Mr. Montesano”) brings this lawsuit pro se against 13 Sedgwick Claims Management Services, Inc. (“Sedgwick”), his former employer’s third party 14 administrator for workman’s compensation claims. Sedgwick has moved to dismiss Mr. 15 Montesano’s First Amended Complaint (“FAC”) on the grounds that his claims are barred by the 16 California Workers Compensation Act. [Dkt. No. 14]. Because each of Mr. Montesano’s claims 17 is rooted in workman’s compensation issues, California law requires that I agree with Sedgwick. 18 The claims Mr. Montesano asserts are serious. But, he may not bring them in state or federal 19 court—he must instead either return to the Workers Compensation Appeals Board or seek another 20 avenue for relief. Sedgwick’s motion is therefore GRANTED. Mr.…