Robomatic, Inc. v. Vetco Offshore

OPINION

Plaintiffs Robomatic, Inc., and Sidney Rehka appeal a judgment in favor of defendants. We affirm and hold that a workers' compensation proceeding is Rehka's exclusive remedy for negligent infliction of emotional distress ensuing from dismissal of employment. (Pichon v. Pacific Gas Electric Co. (1989)212 Cal.App.3d 488, 496 [260 Cal.Rptr. 677]; Potter v. ArizonaSo. Coach Lines, Inc. (1988) 202 Cal.App.3d 126, 133-135 [248 Cal.Rptr. 284].)

FACTS Plaintiff Sidney Rehka brought an action against his employer Vetco Offshore, Inc. (Vetco), for damages ensuing from dismissal of his employment. Rehka alleged causes of action for slander and negligent infliction of emotional distress. The trial judge awarded judgment on the pleadings regarding the slander action because Rehka failed to plead malice to defeat Vetco's conditional privilege of communication. (Civ. Code, § 47, subd. 3.) A trial followed concerning whether Rehka suffered emotional distress, and if so, whether he was an employee or an independent contractor. Evidence at trial established:1

Vetco supplies underwater oil drilling equipment, including a pipe with a particular "pack-off" seal consisting of two concentric metal rings connected with rubber. This seal prevents petroleum and sediments from leaking into the ocean during drilling.

Vetco employed Rehka as a tool design engineer. As part of his duties, he drafted plans and blueprints for an improved "pack-off" seal. Vetco then manufactured a mold from his plans.

Rehka testified he spoke with plant manager George Bulgin concerning testing the mold through his independent business, Robomatic, Inc. Rehka stated that Bulgin replied: "I'll support you 100 percent. I will do everything to make the [testing] legal in the company." According to Rehka's *Page 273 testimony, Bulgin then directed the manufacturing supervisor, Cline Skeeters, to prepare a purchase order for Robomatic to test the mold.

Rehka testified that he performed tests and created two additional molds in the workshop of his Camarillo ranch. Thereafter he sent Vetco an invoice for $96,550 for testing, research and development, and engineering. Vetco did not pay the invoice and dismissed Rehka 18 months later for violating company conflict of interest policies. Rehka did not retain the molds he created nor any of the documents concerning this work. He stated that his dog "ran out" of the workshop with certain papers.

In contrast plant manager Bulgin testified and denied authorizing Rehka or Robomatic to test or perform engineering upon the "pack-off" seal mold. He stated that the mold could have been tested for $300 or less by certain rubber companies. He added that he informed Rehka it would violate company policies for him to perform outside work upon the mold.