Mitchell v. Scott Wetzel Services, Inc.

This case involves serious allegations of intentional misconduct by the workers’ compensation claims administrator of a self-insured employer. Because these allegations relate to the enforcement of workers’ compensation benefits, we conclude exclusive jurisdiction lies with the workers’ compensation system. We do so, however, reluctantly.

*1477 Facts

Plaintiff Michael Mitchell appeals a judgment of dismissal following the sustaining of the demurrer of defendant Scott Wetzel Services, Inc. A demurrer admits all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. (Serrano v. Priest (1971) 5 Cal.3d 584, 591 [ 96 Cal.Rptr. 601 , 487 P.2d 1241 , 41 A.L.R.3d 1187 ].) Stripped of contentions, deductions and conclusions, the first amended complaint alleges the following facts:

Mitchell suffered an injury while working for Alpha Beta. Wetzel administers Alpha Beta’s workers’ compensation claims. Mitchell made a claim for workers’ compensation benefits. Wetzel denied medical treatment, and denied and delayed rehabilitation benefits to Mitchell. It consistently made late temporary disability payments. It threatened to terminate benefits…