California, United States of America
The following excerpt is from Pichon v. Pacific Gas & Electric Co., 212 Cal.App.3d 488, 260 Cal.Rptr. 677 (Cal. App. 1989):
On the first day of trial, respondents filed a "motion in limine " seeking dismissal of appellant's remaining claims for "economic" damages. On the authority of Shoemaker v. Myers (1987) 204 Cal.App.3d 30, review granted August 26, 1987 (S001726), respondents contended that, in addition to providing the exclusive remedy for appellant's negligent and intentional infliction of emotional distress claims and any other damage claims for emotional distress, workers' compensation also provided the exclusive remedy for his "wrongful termination" causes of action. Respondents also argued that the release of "any and all claims" set forth in the workers' compensation compromise and release constituted a waiver of his causes of action based on the termination of his employment. The court held a hearing on the motion that same day and appellant appeared and [212 Cal.App.3d 494] argued the merits. The court granted the motion and judgment for respondents was entered on February 11, 1988.
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