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Case Name Stoddard vs. Western Employers Ins. Co.
Date 04/12/1988
Note Refusal to pay benefits does not take matter out of exclusive remedy bargain of workers' compensation.
Citation 200 Cal.App.3d 165
WCC Citation WCC 29941988 CA
JEFFREY STODDARD, Plaintiff and Appellant, v. WESTERN EMPLOYERS INSURANCE COMPANY et al. , Defendants and Respondents (Opinion by Work, Acting P. J. , with Todd and Benke, JJ. , concurring. )Alleging damages from what he considered unreasonable delays in resolving his workers' compensation claims, Jeffrey Stoddard sued his employer's insurers, Western Employers Insurance Company (Western) and The Travelers Insurance Company (Travelers), for breach of the implied covenant of good faith and fair dealing, intentional infliction of emotional distress, and violation of Insurance Code section 790. 03, subdivision (h). Stoddard reported this information to Western and Hamasaka. On October 7, 1981, a coemployee at S. J. Grove & Sons grabbed Stoddard around the waist and accidentally severely twisted his back. Stoddard did obtain an attorney, but both Western and the workers' compensation carrier for S. J. Grove & Sons, Travelers, refused to extend benefits.

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