MARSH & McLENNAN, INC. v. SUPERIOR COURT

Docket No. S000235.

49 Cal.3d 1 (1989)

774 P.2d 762

259 Cal. Rptr. 733

MARSH & McLENNAN, INC., Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; RUTH SILVESTRI, Real Party in Interest.

Supreme Court of California.

June 29, 1989.


Attorney(s) appearing for the Case

COUNSEL

Cummins & White, Larry M. Arnold, Laurence P. Nokes and Robert W. Bollar for Petitioner.

No appearance for Respondent.

David W. Graf for Real Party in Interest.


OPINION

PANELLI, J.

This case presents the issue whether the California workers' compensation system preempts a private cause of action by an injured worker against the independent claims administrator of his self-insured employer for the delay or refusal to pay compensation benefits. We conclude that the system does preempt such an action.

FACTS

Frank Silvestri died of cardiac arrest in January 1984, allegedly arising...

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