Depew

This is an appeal from an order of dismissal entered after respondent’s demurrer to appellant’s first amended complaint was sustained without leave to amend.

The question presented in this appeal is whether appellant may maintain an action at law against respondent Hartford Accident and Indemnity Company (Hartford) for its alleged failure to pay workers’ compensation benefits awarded to her.

Appellant sustained injury while employed by the Ventura County Association for the Retarded, and was awarded temporary disability benefits of $154 per week which Hartford, as the workers’ compensation insurance carrier for her employer, was directed to pay. Appellant claims that Hartford paid only a pro rata portion of the award, and ceased payments altogether on the basis of a medical report which it obtained shortly before the award became final. Appellant filed a complaint in superior court, based on section 790.03 of the Insurance Code. Hartford successfully argued in its demurrer that the provisions of the Insurance Code were inapplicable to this case and appellant’s claim was within the exclusive jurisdiction of the Workers’ Compensation Appeals Board. We conclude that the…