Legal Opinion
Marsh & McLennan, Inc. v. Superior Court
California Supreme Court
Decided June 29, 1989No. S000235PublishedCited by 18 opinions
1Opinion of the Court
Opinion
PANELLI, J.
This case presents the issue whether the California workers’ compensation system preempts a private cause of action by an injured worker against the independent claims administrator of his self-insured employer for the delay or refusal to pay compensation benefits. We conclude that the system does preempt such an action.
Facts
Frank Silvestri died of cardiac arrest in January 1984, allegedly arising out of and during the course and scope of his employment with the San Francisco Newspaper Agency (Agency). As a result, his widow applied for workers’ compensation benefits.
The…
2Cases cited12 opinions
- Unruh v. Truck Insurance ExchangeCalifornia Supreme Court · 1972
- Everfield v. State Compensation Insurance FundCalifornia Court of Appeal · 1981
- Ricard v. Pacific Indemnity Co.California Court of Appeal · 1982
- Santiago v. Employee Benefits ServicesCalifornia Court of Appeal · 1985
- Fremont Indemnity Co. v. Superior CourtCalifornia Court of Appeal · 1982
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- CHARLES J. VACANTI v. State Comp. Ins. FundCalifornia Supreme Court · 2001
- Weissich v. County of MarinCalifornia Court of Appeal · 1990
- Dunlap v. Association of Bay Area GovernmentsDistrict Court, N.D. California · 1998
- King v. CompPartners, Inc.California Supreme Court · 2018
- DeOliveira v. Liberty Mutual InsuranceSupreme Court of Connecticut · 2005
13 more not listed; retrieve them via the Exa API.