Zarinfar v. Boeing, Inc.
Zarinfar v. Boeing, Inc.
Opinion of the Court
MEMORANDUM
Steven Zarinfar appeals a grant of summary judgment in favor of The Boeing
Because the parties are familiar with the facts, we will not recite them in detail except as necessary.
Zarinfar argues that Boeing’s “intentional, egregious, and outrageous” conduct in failing to provide medical treatment, maintain a safe workplace, and provide requested medical treatment removes his first and fourth claims from the exclusivity provisions of California’s Workers’ Compensation Act, which preempt civil suits against employer conduct that is not beyond the ordinary risks of employment. See Livitsanos v. Superior Court, 2 Cal.4th 744, 754, 7 Cal.Rptr.2d 808, 828 P.2d 1195 (1992). We do not need to reach this issue because Zarinfar expressly declined to challenge the district court’s alternative holding that all of Zarinfar’s claims are preempted by Section 301 of the LMRA, which preempts state law claims that derive from rights created by a collective bargaining agreement.
Accordingly, the district court’s grant of summary judgment in favor of The Boeing Company is AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the
Reference
- Full Case Name
- Steven ZARINFAR, Plaintiff—Appellant v. BOEING, INC., Defendant—Appellee
- Status
- Published