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  January 15, 2007
   Source:  WorkInjury.com
  ----------------------------

Under the guise of bad faith and "breach of contract" actions, a worker's attorney filed suit against the employer in Superior Court.

The Second District Court of Appeal, in an unpublished opinion, said this was exactly what the "exclusive remedy rule" was intended to prevent, citing the Supreme Court's Marsh case.

The Court said the points raised in the worker's Superior Court lawsuit were nothing more than claims that the employer failed to pay the medical expenses pursuant to a stipulated workers' compensation Award.

The case is Garcia v. Helmsman Management Services.

Relying on Labor Code Section 5300 (b), the Court affirmed the trial court's sustaining of the employer's demurrer without leave to amend.

To read the full opinion, PLEASE CLICK HERE.*

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