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CERVANTES v. GREAT AMERICAN INS. CO.

Docket No. 27829.

140 Cal.App.3d 763 (1983)

189 Cal. Rptr. 761

JESUS CERVANTES, Plaintiff and Appellant, v. GREAT AMERICAN INSURANCE COMPANY, Defendant and Respondent.

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

March 14, 1983.

Attorney(s) appearing for the Case

COUNSEL

Miller, Winking, Madden & Theios, Olen G. Miller and Lawrence J. Winking for Plaintiff and Appellant.

Bruyneel & Waxman, Laura G. Bruyneel, Rose, Klein & Marias and Alan J. Stein as Amici Curiae on behalf of Plaintiff and Appellant.

Bruggeman & Smith, Bruggeman, Smith & Peckham, Steven K. Beckett and Randall Johnson for Defendant and Respondent.

Kegel, Tobin & Hamrick and Charles Schoemaker, Jr., as Amici Curiae on behalf of Defendant and Respondent.

OPINION

McDANIEL, J.

The question presented by this appeal is whether appellant's complaint against the Great American Insurance Company (Great American), the workers' compensation carrier for his employer, based upon an alleged wilful delay in payment of benefits, states facts sufficient to remove the cause from the exclusive jurisdiction of the Workers' Compensation Appeals Board. We hold that it does not.

In May 1980, plaintiff...

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