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Workers compensation is the exclusive remedy for injuries allegedly caused by negligent employer health care utilization review.

August 24, 2018

King v. CompPartners, Inc.
(Aug. 23, 2018, S232197) __ Cal.5th __ [ 2018 WL ____]

A worker sued a utilization review physician and his employer after the reviewer denied a request to continue a prescribed medication. The employee alleged that the negligent refusal to continue the medication caused him injury.  The trial court dismissed the case on grounds that the employee’s claims were preempted by the Workers’ Compensation Act (WCA) exclusive remedy rule. 

The Supreme Court agreed, holding that workers’ compensation provides the exclusive remedy not only for workplace injuries but also for injuries “ ‘ “collateral to or derivative of” ’ ” workplace injuries, such as those alleged by the employee here.

 

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