Legal Opinion

Everfield v. State Compensation Insurance Fund

California Court of Appeal

Decided January 22, 1981No. Civ. 57410PublishedCited by 48 opinions

1Opinion of the Court

Opinion

BEACH, J.

Nature of Appeal:

Appeal from judgment of dismissal after demurrer sustained without leave to amend.

Issue:

The issue simply stated is: Do the facts pleaded in plaintiffs complaint establish any reason to warrant a departure from the basic general rule that matters relative to claims for workers’ compensation, their payment and enforcement, are within the exclusive jurisdiction of the Workers’ Compensation Act and ordinarily do not give rise to a cause of action at law?

Our Decision:

We hold they do not and we affirm.

Factual Background:

Pursuant to the Workers’ Compensation Act,…

2Cases cited4 opinions

  1. Unruh v. Truck Insurance ExchangeCalifornia Supreme Court · 1972
  2. Renteria v. County of OrangeCalifornia Court of Appeal · 1978
  3. Noe v. Travelers InsuranceCalifornia Court of Appeal · 1959
  4. Trunk v. OrrCalifornia Court of Appeal · 1979

3Cited by48 opinions

  1. Texas Mutual Insurance Co. v. RuttigerTexas Supreme Court · 2012
  2. Isaacson v. California Insurance Guarantee Ass'nCalifornia Supreme Court · 1988
  3. CHARLES J. VACANTI v. State Comp. Ins. FundCalifornia Supreme Court · 2001
  4. Robertson v. Travelers Insurance Co.Illinois Supreme Court · 1983
  5. Alex Kush v. American States Insurance Co.Court of Appeals for the Seventh Circuit · 1988

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