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Moreau v. Express11/6/2002
loyee to work in an unsafe environment, concealing the risk from him, and, after the employee had contracted an industrial disease, deliberately failing to notify the state, the employee, or doctors retained to treat him, of the disease and its connection with the employment, thereby aggravating the consequences of the disease." (Id. at p. 468.) The Court concluded that, "while the workers' compensation law bars the employee's action at law for his initial injury, a cause of action may exist for aggravation of the disease because of the employer's fraudulent concealment of the condition and its cause." (Id. at p. 469.)
Johns-Manville has no application to this case. Moreau does not claim a work-related physical injury , nor does he contend his original emotional injury was exacerbated by any fraud on the part of defendants. His claim is that defendants fraudulently concealed the condition that caused his injury: the fact the sexual harassment allegations against him were baseless. However, the Court in Johns-Manville held that a plaintiff may not bring a civil suit for such concealment: " f the complaint alleged only that plaintiff contracted the disease because defendant knew and concealed from him that his health was endangered by asbestos in the work environment, failed to supply adequate protective devices to avoid disease, and violated governmental regulations relating to dust levels at the plant, plaintiff's only remedy would be to prosecute his claim under the workers' compensation law." (Johns- Manville, supra, 27 Cal.3d at pp. 474-475.)
DISPOSITION
The judgment of the trial court is reversed as to the sixth cause of action for intentional infliction of emotional distress. The award of punitive damages is vacated. Defendants are to recover their costs on appeal.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
We concur:
JOHNSON, Acting P. J.
WOODS, J.
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