Phillips

In this appeal from a judgment following the sustaining of a demurrer without leave to amend, we determine that an action for damages against the independent claims administrator of a self-insured employer is barred by the exclusive remedy provisions of the Workers’ Compensation Act (hereafter the Act). (Lab. Code, §§ 3600-3602.)

Factual and Procedural Background

As the appeal arises from the sustaining of a demurrer, we assume the truth of the facts alleged in the complaint. (Schlick v. Comco Management, Inc. (1987) 196 Cal.App.3d 974, 977 [ 242 Cal.Rptr. 241 ].) Appellant began to work for Leaseway Trucking Company, a subsidiary of respondent Sears, Roebuck & Company (Sears) in October 1975. In August 1981, he began work for respondent Metropolitan Contract Services, Inc. (Metropolitan), also a subsidiary of Sears. Since August 1981, appellant has been entitled to workers’ compensation benefits under the appropriate provisions of the Labor Code, and has applied for such benefits on several occasions. Respondent Crawford & Company, the independent claims administrator for Metropolitan, and its employee, James Currien, have unreasonably refused to pay benefits.

On…