What is the test for determining whether a cause of action is barred by the exclusive remedy provisions of the workers' compensation law?
California, United States of America
The following excerpt is from Lopez v. Sikkema, 229 Cal.App.3d 31, 280 Cal.Rptr. 7 (Cal. App. 1991):
"A determination whether a cause of action is barred by the exclusive remedy provisions of the workers' compensation law must take into account not only the facts alleged (i.e., of physical injury) but also their relation to the scope and purposes of the workers' compensation statutory . scheme." (Shoemaker v. Myers, supra, 52 Cal.3d at p. 13, 276 Cal.Rptr. 303, 801 P.2d 1054.)
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