Soto v. Royal Globe Insurance

Opinion

McDANIEL, J.

The action in the trial court was brought by an employee and his family against the employer’s workers’ compensation carrier, alleging, among other things, both intentional and negligent infliction of emotional distress. The alleged occasion for such distress was defendant insurer’s failure to pay timely a workers’ compensation award to which the insurer had stipulated in the Workers’ Compensation Appeals Board (WCAB) proceeding. Otherwise, the complaint alleged that defendant insurer’s behavior in withholding payment of benefits, as noted, was both a violation of section…