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Case Name Vacanti, Inc. v. SCIF
Date 01/04/2001
Note Exclusive Remedy Doctrine extends to claims for acts/motives typified in the compensation bargain (i.e. late payment).
Citation 24 Cal 4th 800
WCC Citation WCC 26302001 CA
After plaintiffs filed a second amended complaint, defendants filed another demurrer, again alleging that workers' compensation exclusivity bars plaintiffs' claims. After plaintiffs amended their complaint a third time, the second judge sustained the demurrer solely on exclusivity grounds. The employee may also obtain compensation for medical-legal evaluations necessary to establish his or her entitlement to benefits. Ordinarily, the insurer must pay all medical or medical-legal bills of an injured employee within 60 days of receiving the bill. Indeed, the unabated flow of published decisions clarifying the scope of workers' compensation exclusivity suggests considerable confusion as well as innovative lawyering.

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