What is the test for intentional misconduct causing disability?

California, United States of America


The following excerpt is from Spratley v. Winchell Donut House, Inc., 188 Cal.App.3d 1408, 234 Cal.Rptr. 121 (Cal. App. 1987):

"The cases that have permitted recovery in tort for intentional misconduct causing disability have involved conduct of an employer having a 'questionable' relationship to the employment, an injury which did not occur while the employee was performing service incidental to the employment and which would not be viewed as a risk of the employment, or conduct where the employer or insurer stepped out of their proper roles. [Citations.] Such circumstances are not alleged in the complaint before us." (Cole v. Fair Oaks Fire Protection District, supra, (1987) 43 Cal.3d 148, 161, 233 Cal.Rptr. 308, 729 P.2d 743.

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