Weber

Gary Weber appeals the dismissal of his action for negligence against his former employer, United Parcel Service, Inc. (UPS), after the trial court sustained the demurrer to his first amended complaint without leave to amend. Weber suffered permanent injuries as a result of the growth of a benign brain tumor that was not diagnosed following hearing tests administered by UPS to its employees. The issue presented in this appeal is whether Weber’s civil action in tort against UPS is barred by the California Workers’ Compensation Act (Lab. Code, § 3600 et seq.) (the Act), which UPS contends provides his sole and exclusive remedy in this case. We conclude that Weber’s claim comes under the exclusive provisions of section 3600, as an injury “arising out of and in the course of the employment.” Accordingly, we affirm the judgment of dismissal.

“ ‘On appeal from a judgment dismissing an action after sustaining a demurrer without leave to amend, the standard of review is well settled. The reviewing court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. [Citations.] The court does not, however, assume the…