Potter

Does the California workers’ compensation lav/ preclude civil action by a former employee for damages incident to employer’s failure to notify of employment termination which triggered the statutory right to convert the group insurance coverage to an individual policy? (Lab. Code, §§ 2800.2, 2922; Ins. Code, §§ 12689, 10209; Health & Saf. Code, § 1373.6.) We hold it does under the facts of this case.

Joseph Potter and wife Rita appeal from an order dismissing Arizona Southern Coach Lines, Inc. (Arizona) and Michael Parzych as defendants after their demurrer to appellants’ third amended complaint was sustained without leave to amend. Appellants filed suit in the Santa Barbara Superior Court against Joseph Potter’s employer Arizona, Michael Parzych, his supervisor, and several insurance companies, alleging wrongful termination after Potter sustained a work-related injury, breach of contract, breach of covenant of good faith and fair dealing, negligence per se, breach of fiduciary duty, estoppel, negligent and intentional infliction of emotional distress and violation of statute.

After the court sustained three demurrers, appellants filed a third amended complaint deleting…