Workers’ comp law bars emotional distress claim — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Workers’ comp law bars emotional distress claim

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Employees who claim that supervisors harassed them to the point that they became emotionally distraught cannot sue for intentional infliction of emotional distress if the alleged harassment is job related.

Instead, they must file a workers’ compensation claim.

Recent case:
Firefighter Steven Mueller complained when two of his co-workers were transferred. He alleged that after his complaint, supervisors harassed him by writing him up for minor violations. This caused severe emotional distress, he claimed.

He sued for intentional infliction of emotional distress. The court dismissed the case, reasoning it was a workers’ comp issue. (Mueller v. Los Angeles, No. B201171, Court of Appeal of California, 2nd Appellate Division, 2009)

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