Bottijliso v. Hutchison Fruit Co.

OPINION

DONNELLY, Judge.

The plaintiff appeals from an order of the trial court granting defendant’s motion to dismiss for failure to state a claim upon which relief can be granted.

Plaintiff was employed by defendant and suffered a compensable, job-related injury within the scope of his employment. He filed a claim under the Workmen’s Compensation Act and obtained a judgment for benefits. Thereafter, the defendant terminated the plaintiff’s employment.

Claiming a retaliatory', wrongful discharge by defendant due to his assertion of his rights to recover workmen’s compensation, the plaintiff…