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JENSEN v. AMGEN INC.

No. B153798.

129 Cal.Rptr.2d 899 (2003)

105 Cal.App.4th 1322

Darcy M. JENSEN, Plaintiff and Appellant, v. AMGEN INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division Six.

February 3, 2003.

Attorney(s) appearing for the Case

Robertson, Vick & Capella, Robertson & Vick, Alexander Robertson IV and Janice M. Michaels, Woodland Hills, for Plaintiff and Appellant.

Paul, Hastings, Janofsky & Walker, Paul W. Cane, Jr., San Francisco, David M. Walsh, and Geoffrey T. Stover, Los Angeles, for Defendant and Respondent.

COFFEE, J.

An employee brought a tort action against her employer for injuries she allegedly suffered as a result of her exposure to toxic mold in the workplace. The trial court granted summary adjudication of her claim on the ground that workers' compensation was her exclusive remedy. It rejected the argument that the case was governed by Labor Code section 3602, subdivision (b)(2),1 which allows an employee to maintain an action at law...

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