Schlick

Schlick v. Comco Management, Inc.

Good Law
196 Cal. App. 3d 974·1987 Cal. App. LEXIS 2391·242 Cal. Rptr. 241·53 Cal. Comp. Cases 33
Court of Appeal of CaliforniaDecember 4, 1987G004870California2,540 words

Opinion

Opinion

Taylor, J.

—The Workers’ Compensation Act generally precludes an industrially injured employee from maintaining an action for damages against his employer or the employer’s insurer; the employee’s exclusive remedy is his right to workers’ compensation benefits under the jurisdiction of the Workers’ Compensation Appeals Board. (Former Lab. Code, § 3601, now § 3602; §§ 3850, subd. (b), 3852, 5300; Unruh v. Truck Insurance Exchange (1972) 7 Cal.3d 616 [ 102 Cal.Rptr. 815 , 498 P.2d 1063 ].) In this appeal we decide whether an employee may bring a civil action against the independent claims administrator of a self-insured employer for its failure to pay benefits. We hold he may not; under the jurisdictional provisions of section 5300, subdivision (a), his recourse lies with the board.

I

Gregory Schlick appeals a judgment of dismissal following the sustaining of a demurrer to his complaint without leave to amend. We therefore accept the following facts as true. Schlick was employed by the City of Anaheim, a permissively self-insured employer for workers’ compensation purposes. As a result of his employment, Schlick suffered many industrial injuries for which he filed claims with the…

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