Palestini

Plaintiffs and appellants Louie Palestini and Darla Palestini (together the Palestinis), who are husband and wife, appeal from a judgment of dismissal following the court’s sustaining without leave to amend of a general demurrer to their amended complaint in this personal injury and loss of consortium action against Louie Palestini’s former employers, defendants and respondents General Dynamics Corporation and Hughes Missile Systems Company (together defendants). This appeal involves application of Labor Code section 3602, subdivision (b)(2) (hereafter section 3602(b)(2)), an exception to the exclusive remedy provisions of the California Workers’ Compensation Act. That subdivision provides that an employee may bring an action at law for damages against the employer “[w]here the employee’s injury is aggravated by the employer’s fraudulent concealment of the existence of the injury and its connection with the employment, in which case the employer’s liability shall be limited to those damages proximately caused by the aggravation.” (Italics added.).

Louie Palestini filed a second amended complaint against defendants seeking damages for injuries (including, but not limited…