Williams v. International Paper Co.

The principal question presented by this appeal is whether an employee may bring a civil action against his employer for injuries caused by the employer’s intentional failure to correct hazardous working conditions when it knew that an injurious explosion was substantially certain to occur. We hold that such an action is barred by the “exclusive remedy” limitation of the workers’ compensation act (Lab. Code, § 3200 et seq.)

Plaintiff was employed by defendant as a “charge operator” in the “old power house” at its mill facility at Weed. He was severely injured in the course of his employment in a sawdust fire and explosion. He brought suit against his employer seeking general, special and punitive damages.

The theory of his action, as expressed in his third amended complaint, is tfyat “defendant .. . had, in their [sic] capacity as self insurers for Workers’ Compensation Insurance, undertaken the duty of inspecting the premises and working conditions ... [and] during the course of said inspections ... became aware of numerous and flagrant violations of safety procedures .... With intentional, wanton and conscious disregard of the rights and safety of plaintiff,…