COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA No. D050358 December 18, 2007 MARCK O. VAUGHT ET AL, PLAINTIFFS AND APPELLANTS, v. STATE OF CALIFORNIA ET AL. CERTIFIED FOR PUBLICATION We hold the workers' compensation exclusivity rule of Labor Code*fn1 section 3602 bars the civil action of plaintiffs Marck Vaught (Marck) and Maria Vaught (Maria) (together the Vaughts) against Marck's employer, the State of California (State), for injuries he sustained while residing on state premises. The Vaughts sued the State for negligence and failure to make the ranch house habitable for human occupation. The fact Marck was not a new employee with the State, but rather was merely changing positions in that employment, does not affect our conclusion Marck sustained injuries in the course of his employment with the State. The evidence showed the State offered Marck residence in the ranch house because of Marck's employment with the State as a park ranger, as a benefit and out of work necessity, and not because the State sought to enter into a landlord-tenant relationship with the Vaughts.

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