Angell

I respectfully dissent. The majority affirms “because discrimination based on a work-related physical handicap is a risk explicitly included by the Legislature in the compensation bargain.” (Maj. opn., ante, at pp. 984-985.) They are mistaken.

*998 This is not a case about the mythical “compensation bargain” of workers’ compensation lore. Were it so, plaintiff’s claim, as a matter of equity, would be unassailable. The “compensation bargain” reflects the Legislature’s view of the basic understanding between employers and employees that underlies the workers compensation system. The court in Shoemaker v. Myers (1990) 52 Cal.3d 1 [ 276 Cal.Rptr. 303 , 801 P.2d 1054 ] (Shoemaker II) explains the bargain thus: the employer assumes liability for a greater range of conduct in exchange for limitations on dollar exposure; the employee gains swift and certain payment of compensation without having to prove fault but in exchange must accept limits on amounts recoverable. (Shoemaker II, supra, 52 Cal.3d at p. 16 .)

The remedies provided by Labor Code section 132a do not fit within this metaphorical paradigm. Under Labor Code section 132a, the employee must still prove fault—it cannot be…

Is workers’ compensation the exclusive remedy for an employee discriminatorily terminated based on a physical handicap arising from a work-related injury? We conclude it is because discrimination based on a work-related physical handicap is a risk explicitly included by the *985 Legislature in the compensation bargain. (Lab. Code, § 132a; see also Gantt v. Sentry Insurance (1992) 1 Cal.4th 1083, 1100 [ 4 Cal.Rptr.2d 874 , 824 P.2d 680 ], and cases cited therein.)

Summary of Facts and Procedure

Appellant Leland Angell was employed by respondent Peterson Tractor, Inc., beginning in 1978. In 1982, 1984, and 1985, he suffered heart attacks and received workers’ compensation benefits as a result. On January 1, 1986, Peterson Tractor terminated him.

After filing a complaint with and receiving a right to sue letter from the Department of Fair Employment and Housing (Department), Angell sued Peterson Tractor in tort for violation of the Fair Employment and Housing Act (FEHA) and for wrongful termination in violation of fundamental public policy. He alleged the termination was due to discrimination based on his work-related heart condition.

Peterson Tractor moved for summary…

Is workers' compensation the exclusive remedy for an employee discriminatorily terminated based on a physical handicap arising from a work-related injury? We conclude it is because discrimination based on a work-related physical handicap is a risk explicitly included by the Legislature in the compensation bargain. (Lab. Code, § 132a; see also Gantt v. Sentry Insurance (1992) 1 Cal.4th 1083, 1100 [ 4 Cal. Rptr.2d 874 , 824 P.2d 680 ], and cases cited therein.)

Appellant Leland Angell was employed by respondent Peterson Tractor, Inc., beginning in 1978. In 1982, 1984, and 1985, he suffered heart attacks and received workers' compensation benefits as a result. On January 1, 1986, Peterson Tractor terminated him.

After filing a complaint with and receiving a right to sue letter from the Department of Fair Employment and Housing (Department), Angell sued Peterson Tractor in tort for violation of the Fair Employment and Housing Act (FEHA) and for wrongful termination in violation of fundamental public policy. He alleged the termination was due to discrimination based on his work-related heart condition. [1]

Peterson Tractor moved for summary judgment. The…