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Workers' Compensation

Federal: California Plaintiff’s IIED Claim Barred by Exclusive Remedy Provisions of State Law

A Federal district court in California granted an employer’s motion for summary judgment on exclusive remedy grounds as to one count of plaintiff’s complaint that alleged an intentional infliction of emotional distress (“IIED”) claim following plaintiff’s termination of employment. Observing that a termination was “a normal and inherent part of employment,” the court held plaintiff had failed to show that his termination exceeded the risks inherent in the employment relationship. The court said plaintiff simply had asserted that his claim was not barred because it arose from the defendant’s “discriminatory practices.” Citing Cole v. Fair Oaks Fire Protection Dist., 43 Cal. 3d 148, 151, 233 Cal. Rptr. 308, 729 P.2d 743 (1987), the district court said the plaintiff could not remove his claim from the exclusive remedy of workers’ compensation merely by alleging that the conduct was “manifestly unfair, outrageous, harassment, or intended to cause emotional disturbance.”

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Thibeaux v. The Geo Group, Inc., 2014 U.S. Dist. LEXIS 165480 (S.D. Cal., Nov. 25, 2014) [2014 U.S. Dist. LEXIS 165480 (S.D. Cal., Nov. 25, 2014)]

See generally Larson’s Workers’ Compensation Law, § 104.05 [104.05]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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