Stoddard

Alleging damages from what he considered unreasonable delays in resolving his workers’ compensation claims, Jeffrey Stoddard sued his employer’s insurers, Western Employers Insurance Company (Western) and The Travelers Insurance Company (Travelers), for breach of the implied covenant of good faith and fair dealing, intentional infliction of emotional distress, and violation of Insurance Code section 790.03, subdivision (h). Although that Insurance Code section is facially all-inclusive, we hold Stoddard’s complaint does not allege any insurer misconduct other than intentional withholding of compensation payments. For the reasons which follow, we hold Stoddard’s exclusive remedy for this tortious conduct lies in the penalty provisions of the Workers’ Compensation Act, and affirm the judgment.

I

For purposes of reviewing the demurrer, we accept as true the factual allegations in the detailed complaint. Stoddard began working with Oberg Construction in 1974 and first injured his back while shoveling asphalt in February 1979. Chymopapain injection surgery resulted in 100 percent improvement. Western, Oberg Construction’s workers’ compensation insurer, handled the claim. At…