The Appeals Court has again ruled that workers’ compensation benefits are the sole and exclusive remedy for injuries arising out of and in the course of employment.

In Razo v. County of Orange, No. G064631 (unpublished), applicant’s job involved cleaning debris from county locations. Applicant was asked to use new piece of equipment with an alleged modified nozzle for spraying high pressure water. Applicant claimed the nozzle forcefully kicked back while he was using the hose, causing head trauma, a broken clavicle and amputation of an ear.

Applicant filed a civil suit against the county asserting negligence. The county challenged and asserted the workers’ compensation exclusivity defense. The civil court granted applicant leave to amend his claim. Applicant then amended his claim of negligence to allege the county created an ultrahazardous condition by negligently, willfully, intentionally and criminally modifying the nozzle. Applicant alleged that the modification increased the water pressure and the county knew or should have known that the modified nozzle created an ultrahazardous condition.

The county again challenged the complaint on the basis of workers’ compensation exclusivity. The court agreed. The court found that applicant was injured in the course and scope of his employment while performing assigned duties with equipment provided by his employer. Although applicant felt the modification of the equipment rose to the level of criminal, willful and ultrahazardous conduct, the court confirmed that exclusivity applies despite the fact that the injury resulted from the intentional and egregious conduct of the employer.

Applicant also alleged that the county forced him to use modified equipment in violation of safety regulations. However the court felt that providing work equipment and directing employees to perform tasks with such equipment was a normal part of the employment relationship.

Case law has repeatedly held an employer’s knowing or reckless disregard of safety standards does not take a claim outside the exclusivity of workers’ compensation. Under Labor Code, section 3602(a), workers’ compensation benefits are the sole and exclusive remedy for injuries arising out of and in the course of employment. As such, workers’ compensation exclusivity barred applicant’s civil claim.