Robomatic, Inc. v. Vetco Offshore

OPINION Plaintiffs Robomatic, Inc., and Sidney Rehka appeal a judgment in favor of defendants. We affirm and hold that a workers' compensation proceeding is Rehka's exclusive remedy for negligent infliction of emotional distress ensuing from dismissal of employment. ( Pichon v. Pacific Gas Electric Co. (1989) 212 Cal.App.3d 488 , 496 [ 260 Cal.Rptr. 677 ]; Potter v. Arizona So. Coach Lines, Inc. (1988) 202 Cal.App.3d 126 , 133-135 [ 248 Cal.Rptr. 284 ].) FACTS Plaintiff Sidney Rehka brought an action against his employer Vetco Offshore, Inc. (Vetco), for damages ensuing from dismissal of his employment. Rehka alleged causes of action for slander and negligent infliction of emotional distress. The trial judge awarded judgment on the pleadings regarding the slander action because Rehka failed to plead malice to defeat Vetco's conditional privilege of communication. (Civ. Code, § 47 , subd. 3.) A trial followed concerning whether Rehka suffered emotional distress, and if so, whether he was an employee or an independent contractor. Evidence at trial established: 1 Vetco supplies underwater oil drilling equipment, including a pipe with a particular "pack-off" seal consisting of two…