According to Weber's first amended complaint, UPS employed Weber as an aircraft mechanic. UPS did not administer the hearing tests itself, but contracted with defendant TK Group to administer the tests on its behalf, and to report the results to UPS. Further, to the extent UPS knew that Weber's tests showed significant abnormalities in his hearing, UPS failed to notify Weber of the findings or their medical significance. UPS demurred to Weber's first amended complaint on the sole ground that because Weber had alleged that his injuries arose out of his employment with UPS, the Act provided Weber his sole and exclusive remedy, and barred his civil action in tort against UPS. Critical to the analysis of Weber's claim is the undisputed fact that but for his employment with UPS, Weber would have no basis for any claim against UPS under any legal theory.

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