Claxton
Claxton v. Waters
Opinion
Concurrence in Part
Brown, J.
I agree with the majority’s decision to affirm the judgment of the Court of Appeal. But that is the only portion of the majority opinion with which I am in accord. In reaching the correct result, the majority—unable to resist the bureaucratic propensity for intermeddling—improperly and unnecessarily creates an exception to our long-standing rules of contract interpretation for a preprinted compromise and release form used in workers’ compensation cases. Because I believe that generally applicable rules should govern here, I write separately.
I.
Under Civil Code section 1635, “[a]ll contracts, whether public or private, are to be interpreted by the same rules, except as otherwise provided by this Code.” Our courts have consistently applied this maxim to releases and determined the scope of a release using our long-standing rules of contract interpretation. (See, e.g., Hess v. Ford Motor Co. (2002) 27 Cal.4th 516, 524 [ 117 Cal.Rptr.2d 220 , 41 P.3d 46 ] (Hess); Solis v. Kirkwood Resort Co. (2001) 94 Cal.App.4th 354, 360 [ 114 Cal.Rptr.2d 265 ] (Solis).) Indeed, we purportedly applied these rules to preprinted release forms used in workers’ compensation cases just two years ago in…
Lead Opinion
Kennard, J.
In executing the standard preprinted form used to settle workers’ compensation claims, does an injured worker also release causes of action that are not exclusively subject to the workers’ compensation law or are not within the scope of that law? The answer is “no.” Those causes of action, however, may be the subject of a separate settlement and release.
*371 I
From February 1995 until her resignation in September 1997, Carolyn Claxton worked as an office assistant for defendant Pacific Maritime Association (PMA). Claxton’s supervisor was Ray Waters.
On December 16, 1997, Claxton filed a claim with the Workers’ Compensation Appeals Board (WCAB) against PMA for an injury to her “left lower extremity and psyche” from a slip and fall on May 7, 1997. On January 16, 1998, Claxton filed a second and separate workers’ compensation claim against PMA for injury to “psyche due to sexual harassment.”
On September 15, 1998, Claxton filed this civil action against PMA and Waters alleging, as relevant here, sexual harassment in violation of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.). On November 6, 1998, defendants filed their answer to the complaint.