What is the test for determining whether a cause of action is barred by the exclusive remedy provisions of the workers' compensation law?
California, United States of America
The following excerpt is from Lopez v. Sikkema, 229 Cal.App.3d 31, 280 Cal.Rptr. 7 (Cal. App. 1991):
"A determination whether a cause of action is barred by the exclusive remedy provisions of the workers' compensation law must take into account not only the facts alleged (i.e., of physical injury) but also their relation to the scope and purposes of the workers' compensation statutory . scheme." (Shoemaker v. Myers, supra, 52 Cal.3d at p. 13, 276 Cal.Rptr. 303, 801 P.2d 1054.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Are common law causes of action barred by the exclusive remedy provisions of the workers' compensation law? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Does section 2750.5 of the Workers' Compensation Act grant immunity from liability in a personal injury action at law even if the employer's insurer is not responsible for payment of workers' compensation benefits to the injured employee? (California, United States of America)
Can an employer be held liable for emotional distress resulting in disability under the exclusive remedy provisions of workers' compensation law? (California, United States of America)
What is the test for determining whether an action is a cause of action? (California, United States of America)
Does the California Workers' Compensation Board have exclusive jurisdiction over a claim that the independent adjuster of a self-insured employer has delayed or failed to pay a workers' compensation award? (California, United States of America)
Does the exclusivity provision of the Workers' Compensation Act bar a plaintiff from claiming that she was discriminated against because she needed to have a hysterectomy? (California, United States of America)
Does the California Workers Compensation Board have the authority to determine and allow a lien against a Workers Compensation award for living expenses? (California, United States of America)
Does the prosecution have any authority to determine whether the damage to the body caused by postmortem animal scavenging was caused by human caused mutilation? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
