Santiago

Appellant Gale Santiago received an award from the Workers’ Compensation Appeals Board (Appeals Board) in September 1982 for an injury which occurred during the course and scope of his employment. On July 15, 1983, appellants Gale Santiago (Gale) and Lynda Santiago (Lynda) filed a complaint based on respondents’ alleged refusal to pay the award. Respondents EBI Services, Inc., 1 and Elaine Barker, and respondents Thomas, Hall & Kirby, Richard J. Lyding and Douglas R. Kirby, filed demurrers to the complaint. Respondents based their separate demurrers on the ground that appellants’ exclusive remedies are prescribed by the workers’ compensation act and that the superior court lacked jurisdiction to decide the action. The trial court sustained the general demurrers and entered a judgment of dismissal. This appeal followed.

I

Appellant Gale’s industrial injury occurred while he was employed at Salinas Valley Memorial Hospital (Hospital), which was self-insured for workers’ compensation purposes. The Appeals Board awarded him the payment of benefits for his injuries. In April 1983, the Appeals Board granted Gale a 10 percent penalty on his award for the Hospital’s delay in…