Hollywood Refrigeration Sales Co. v. Superior Court

The action which underlies this mandamus proceeding was instituted by plaintiff to recover damages from his former employer and former supervisor for intentional infliction of emotional distress. Employer moved for summary judgment on the basis that the action at law was barred by plaintiff’s earlier settlement of a workers’ compensation claim based on the same events. The trial court denied the motion; employer petitioned this court for relief. We granted an alternative writ. We conclude that plaintiff’s action is barred.

The relevant chronology is as follows: In July 1980, plaintiff filed a claim with the Workers’ Compensation Appeals Board (WCAB) for injury to “nerves, internal organs and other parts” occurring as a result of “stress of job” from April 1977 to July 1980.

In March 1981, plaintiff instituted the underlying action. His complaint included causes of action for negligent and intentional infliction of mental distress and “wanton and reckless misconduct.” All of the counts were essentially based upon the assertion that from the period of June 1977 to July 1980, plaintiff’s supervisor, Al Seidner, had engaged in a continuing course of harassment and abusive…