Employer Must Plead Ex. Remedy to Bar Negligent Hiring Claim

An employer must plead and prove that the Workers' Compensation Act applies to a lawsuit that indicates an employment relationship exists in order to invoke exclusive remedy, the California 2nd District Court of Appeal ruled.Case: Ventura v. ABM Industries, B231817, 12/20/2012. Published.Facts: Sylvia Ventura worked as a janitor for ABM Industries in December 2004, when Carolos Manzano became her supervisor.She alleged that Manzano began checking on her work up to five times per shift, unlike the previous supervisor, who checked her work when it was done. He often stood close to her, compl...