Judge: Erick L. Larsh, Case: 2022-01277127, Date: 2023-08-17 Tentative Ruling

Defendants Select Medical Corporation, Concentra Health Services, Inc., Dim Duong, Victoria Wostenber and Keith Newton’s demurrer to the sixth cause of action for Intentional Infliction of Emotional Distress is sustained without leave to amend.

Intentional infliction of emotional distress claims that arise out of discrimination and harassment based on whistleblower activity is barred by the workers’ compensation exclusivity rule.  See Yau v. Santa Margarita Ford, Inc. (2014) 229 Cal.App.4th 144; See also Shoemaker v. Myers (1990) 52 Cal.3d 1 at 25;  Miklosy v. Regents of University of California, (2008) 44 Cal.4th 876.