Defendant's Demurrer to the First Cause of Action for Failure to Maintain Safe Workplace (Violation of Labor Code §§ 6400-6404, 6406) is SUSTAINED. Fed OSHA expressly provides for enforcement by administrative agencies only. There is no private right of action.
The Demurrer to the Negligence Causes of Action – Second, Fifth and Eighth Causes of Action – are SUSTAINED. Similarly, the Demurrer to the Seventh and Eighth Causes of Action Based on Emotional Distress are SUSTAINED. Actions by an employee against an employer for workplace injuries are subject to workers compensation exclusivity. See Elsner v. Uveges (2004) 34 CA4th 915, 935-936; see also California Correctional Supervisors Org, Inc. v. Dept. of Corrections (2002) 96 Cal. App. 4 824, 830-831. Fermino v. Fedco, Inc. (1994) 7 C4th 701, 723,, fn 7. the court stated that injuries resulting from an employer's violation of health and safety regulations is an expected part of the compensation bargain. Gunnell v. IvIetrocolor Labs (2
Hearing Date
August 23, 2018
Category
Civil - Unlimited
Type
Wrongful Termination
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Defendant's Demurrer to the First Cause of Action for Failure to Maintain Safe Workplace (Violation of Labor Code §§ 6400-6404, 6406) is SUSTAINED. Fed OSHA expressly provides for enforcement by administrative agencies only. There is no private right of action.
The Demurrer to the Negligence Causes of Action – Second, Fifth and Eighth Causes of Action – are SUSTAINED. Similarly, the Demurrer to the Seventh and Eighth Causes of Action Based on Emotional Distress are SUSTAINED. Actions by an employee against an employer for workplace injuries are subject to workers compensation exclusivity. See Elsner v. Uveges (2004) 34 CA4th 915, 935-936; see also California Correctional Supervisors Org, Inc. v. Dept. of Corrections (2002) 96 Cal. App. 4 824, 830-831. Fermino v. Fedco, Inc. (1994) 7 C4th 701, 723,, fn 7. the court stated that injuries resulting from an employer's violation of health and safety regulations is an expected part of the compensation bargain. Gunnell v. IvIetrocolor Labs (2