Benjamin

Upon trial of a special defense (see Code Civ, Proc., § 597) the trial court held that exclusive jurisdiction of plaintiff’s claim was vested in the Workers’ Compensation Appeals Board. (See Lab. Code, §§ 3600, 3601.) Plaintiff appeals, contending that the exclusive remedy provision of Labor Code section 3601 is outside the scope of the constitutional authorization for a workers’ compensation program and denies plaintiff due process of law and equal protection of laws under the federal and California Constitutions. We have concluded that these contentions are not meritorious and, accordingly, affirm the judgment of the trial court.

Pertinent Facts

Plaintiff was an employee of defendant Sidney Kellner doing business as George Mathews Great London Circus (hereinafter “employer”). On May 7, 1972, while plaintiff was sleeping on the circus grounds, as she was permitted to do, she whs assaulted by Leo A. Ricks, another employee of the circus. Plaintiff instituted this action against employer seeking to recover $750,000 damages for her injuries, including pain and suffering. She alleged that employer was negligent in employing Ricks, in failing to warn plaintiff of Ricks’…