California, United States of America
The following excerpt is from Fermino v. Fedco, Inc., 15 Cal.App.4th 29, 18 Cal.Rptr.2d 719 (Cal. App. 1993):
I might quarrel with the majority opinion over its conclusion false imprisonment of the nature and degree alleged in this case is a "risk reasonably encompassed within the compensation bargain" (Shoemaker v. Myers (1990) 52 Cal.3d 1, 16, 276 Cal.Rptr. 303, 801 P.2d 1054; italics [20 Cal.App.4th 509] added). 1 However, I have a more fundamental objection. The primary injury which false imprisonment inflicts is not a type of injury covered by workers'compensation. Consequently, the exclusive remedy provision of the workers' compensation law does not bar the false imprisonment cause of action in appellant's complaint.
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