Oliva

Oliva v. Heath

Good Law
1995 Cal. App. LEXIS 541·35 Cal. App. 4th 926·41 Cal. Rptr. 2d 613·10 I.E.R. Cas. (BNA) 1233·60 Cal. Comp. Cases 479
Court of Appeal of CaliforniaJune 9, 1995E012513California3,052 words

Opinion

Opinion

Hollenhorst, J.

Plaintiff Susan Oliva’s coworkers became defendants by injuring her in a prank at work. The coworkers filed a motion for summary judgment, contending the action was barred by the general rule that workers’ compensation is plaintiff’s exclusive remedy (Lab. Code, § 3601 ). The trial court agreed and granted the summary judgment motion. Contending that pranks cannot be within the scope of the coworkers’ employment under section 3601, plaintiff appeals. We reject the contention and affirm the judgment.

Undisputed Facts

Plaintiff was employed as a cashier at the First Financial Federal Credit Union on February 13, 1986. Defendants Heath, Hayward and Walter were her coemployees. According to plaintiff, she arrived at work at 1:30 p.m. and attempted to sit in her desk chair. The chair had been lowered from its normal height, and plaintiff “fell into [the] chair, rather abruptly,” injuring her back. Defendant Heath admitted she lowered the chair an inch as a prank.

The parties agree that plaintiff’s injuries were compensable under section 3600 because they arose out of and were sustained in the course of her employment. Plaintiff subsequently received workers’ compensation…

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