Cervantes v. Great American Insurance

Opinion

McDANIEL, J.

The question presented by this appeal is whether appellant’s complaint against the Great American Insurance Company (Great American), the workers’ compensation carrier for his employer, based upon an alleged wilful delay in payment of benefits, states facts sufficient to remove the cause from the exclusive jurisdiction of the Workers’ Compensation Appeals Board. We hold that it does not.

In May 1980, plaintiff, Jesus Cervantes, sustained an injury to his back in the course of his employment by Great American’s insured. Although the injury required medical care, including…