Denney

Plaintiff, Al B. Denney (Denney), appeals from summary judgment in favor of defendant, Universal City Studios, Inc. (Universal), in an action for age discrimination in employment, handicap discrimination, and retaliation. The trial court granted summary judgment although Universal had moved only for summary adjudication of the latter two causes of action, and had acknowledged that the age discrimination claim should be tried. The summary judgment therefore was unauthorized and must be reversed.

However, the procedural posture of the case also permits review, as the parties request, of the implicit adverse summary adjudication of Denney’s handicap discrimination and retaliation causes of action. With respect to these, we hold that the former is precluded by the exclusive remedy provisions of the workers’ compensation act, but that the latter withstands all challenges Universal advances and may proceed.

Facts

The depositions, declarations, and exhibits before the trial court disclosed the following. Denney, age 54 in 1989, worked as a motion picture set lighting technician beginning in 1960. As of 1979, he worked principally for Universal, being called in on a daily or…