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BENJAMIN v. RICKS

Docket No. 17030.

63 Cal.App.3d 593 (1976)

132 Cal. Rptr. 758

KRIS ELLEN BENJAMIN, Plaintiff and Appellant, v. LEO RICKS et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Two.

November 10, 1976.

Attorney(s) appearing for the Case

COUNSEL

Zetterberg & Zetterberg, Stephen I. Zetterberg, Charles L. Zetterberg and Dennis G. Martin for Plaintiff and Appellant.

King, Mussell, MacLachlan, Burford & Stanfield and Ronald A. Burford for Defendants and Respondents.

OPINION

KAUFMAN, J.

Upon trial of a special defense (see Code Civ. Proc., § 597) the trial court held that exclusive jurisdiction of plaintiff's claim was vested in the Workers' Compensation Appeals Board. (See Lab. Code, §§ 3600, 3601.) Plaintiff appeals, contending that the exclusive remedy provision of Labor Code section 3601 is outside the scope of the constitutional authorization for a workers' compensation program...

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