In Johns-Manville Products Corp. v. Superior Court, the California Supreme Court held that workers' compensation is an employee's exclusive remedy for fraud committed by an employer, directed at the employee, which results in physical injury to the employee. After examining the structure and legislative history of California's workers' compensation system, the Comment analyzes the Johns-Manville decision. The Comment then suggests alternative interpretations of the workers' compensation laws and concludes that employer fraud resulting in personal injury to an employee and arising in the course and scope of employment should be compensable both through workers' compensation and through the courts with a set-off allowed for the administrative award.
Cynthia K. Thornton,
An Analysis of Johns-Manville Products Corp. v. Superior Court: Recovery by an Employee against an Employer for Fraudulent Conduct,
33 Hastings L.J. 1227
Available at: https://repository.uchastings.edu/hastings_law_journal/vol33/iss5/7