It requested the trial court to take judicial notice of an application filed by plaintiff seeking workers' compensation benefits for disability caused by "[e]xposure to asbestos. "The court declared that the Legislature never intended that an employer's fraud was a risk of the employment. However, the court concluded that having undertaken treatment in a doctor-patient relationship, the employer should be liable in tort for acts of malpractice. [27 Cal. 3d 488] I would issue the writ and order respondent court to grant the motion for judgment on the pleadings. The court reasoned that the Legislature did not intend to deny an employee all redress for that tort.

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