Portillo v. G. T. Price Products, Inc

In Portillo v. G. T. Price Products, Inc. (1982) 131 Cal. App. 3d 285, a Court of Appeal held that a trial court properly dismissed a plaintiff's wrongful termination cause of action because section 132a provided plaintiff with an exclusive remedy in the Workers' Compensation Appeals Board. In that case, a plaintiff alleged a cause of action for wrongful termination because "she sought workers' compensation for injuries received in her employment." Defendant demurred, arguing that section 132a provided the plaintiff's exclusive remedy, and the trial court sustained the demurrer. On appeal, plaintiff sought to have the court "declare that Labor Code section 132a is not the exclusive remedy available to her upon her claim of wrongful discharge by her employer because of her filing a workers' compensation claim for injury." The appellate court rejected the plaintiff's argument and affirmed the judgment.