Schwartz

Plaintiff witnessed the death of her husband in an accident which occurred in the course of his employment with the Schwartz Logging Company (“employer”). After recovering workers’ compensation benefits for her husband’s death, plaintiff filed this action against the employer and other parties for the emotional distress which she suffered as a result of the incident. The employer demurred in reliance on Labor Code provisions which make workers’ compensation proceedings the exclusive remedy for work-connected injury or death. The trial court sustained the demurrer with leave to amend. Plaintiff elected to stand on her complaint and a judgment of dismissal was entered from which she appeals. Plaintiff contends that the exclusive remedy provisions of the Labor Code do not preclude independent actions by nonemployees for their personal damages flowing from an employee’s work-connected injury or death.

Plaintiff’s complaint alleges that her husband, while in the course and scope of his employment with Schwartz Logging Company, parked his employer’s truck on the Flume Creek Bridge situated near Interstate Highway 5 in Shasta County. While he was standing along side the truck,…