Shoemaker

This appeal is before us for the second time, this time on remand from the Supreme Court. (Cal. Rules of Court, rule 29.4.) The matter originally came to us on appeal from a judgment of dismissal following the sustaining of demurrers to plaintiff’s complaint. In our first opinion (Shoemaker v. Myers (Cal.App.) (Shoemaker /)) we concluded all but one of plaintiff’s theories of recovery alleged in his complaint for wrongful termination as an investigator for the Department of Health Services (Department) were preempted by the exclusivity provisions of the workers’ compensation law (Lab. Code, § 3601). These included theories based on Government Code section 19683 (the whistle-blower statute) and Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167 [ 164 Cal.Rptr. 839 , 610 P.2d 1330 , 9 A.L.R.4th 314 ] (Tameny). The only theory to survive was that based on an alleged violation of plaintiff’s federal civil rights. The Supreme Court granted plaintiff’s petition for review and reversed in part, holding plaintiff’s claim for violation of the whistle-blower statute is not preempted by the exclusivity provisions of the workers’ compensation law. (Shoemaker v. Myers (1990) 52…