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FOSTER v. XEROX CORP.

Docket No. L.A. 32060.

40 Cal.3d 306 (1985)

707 P.2d 858

219 Cal. Rptr. 485

JIM FOSTER, Plaintiff and Appellant, v. XEROX CORPORATION, Defendant and Respondent.

Supreme Court of California.

November 4, 1985.

Attorney(s) appearing for the Case

COUNSEL

Herbert E. Selwyn for Plaintiff and Appellant.

Latham & Watkins, Ernest J. Getto and Meredith A. Riekse for Defendant and Respondent.

OPINION

MOSK, J.

An employee who suffers an injury in the course of his employment may recover damages in an action at law only if he comes within certain exceptions to the workers' compensation law. (Lab. Code, §§ 3600, 3602.)1 One of these exceptions is embodied in subdivision (b)(2) of section 3602 (hereinafter subdivision (b)(2)). It provides that an action at law may be brought "Where the...

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