United States Borax & Chemical Corp. v. Superior Court

Nature of Proceeding:

This original mandamus proceeding raises a question of the exclusivity of the workers’ compensation system. Because we find that statutory and case law authority compel the conclusion that plaintiffs’ action at law is barred, we grant defendant’s petition for a writ of mandate to compel the superior court to enter summary judgment on its behalf.

Facts and Procedural Background:

The lawsuit underlying this writ proceeding is essentially a wrongful death action brought by the wife and children of Profiro Lucero. Lucero was killed in an industrial accident involving a turbo while working for his employer, the United States Borax and Chemical Corporation [hereafter employer]. Additionally, decedent’s brother, who also worked for employer, seeks damages for emotional distress based upon the claim that he witnessed the accident which resulted in his brother’s death.

Insofar as plaintiffs sought recovery from employer, their complaint primarily consisted of two components. The first was an allegation of “dual capacity” which asserted that employer manufactured and/or altered the turbo which caused Lucero’s death. (See, e.g., Bell v. Industrial Vangas,…