Under California law, an employee must establish three essential elements in order to state a claim for personal injuries against his employer outside the workers’ compensation system.

Case name:McMullan v. Permatex, Inc., et al., No. SACV 08-0673 DOC RNBx C.D. Cal. 12/08/08.

Ruling: The U.S. District Court, Central District of California ruled that an employee’s personal injury suit against his former employer was not barred by the Workers’ Compensation Act. It denied the employer’s request to dismiss the suit.

What it means: Under California law, an employee may pursue a claim for personal injuries against his employer outside the workers’ compensation system under the “fraudulent concealment” exception to the WCA. He must establish three essential elements in order to state such a claim: 1 the employer knew that the employee had suffered a work-related injury; 2 the employer concealed that knowledge from the employee; and 3 the injury was aggravated as a result of such concealment.

Summary: The claimant worked as a truck driver for the employer and its predecessors for more than 30 years, transporting, delivering and handling carpeting, carpet padding, and carpet installation products. He claimed that as a result of exposure to hazardous levels of toxins, he sustained injuries, including multiple myeloma. The employer contended that the claimant’s suit was barred because California’s WCA provided the exclusive remedy for his injuries. Siding with the claimant, the court denied the employer’s bid to dismiss the suit.

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