Weber v. United Parcel Serv., 107 Cal. App. 4th 801 (2003)

Gary Weber, who was employed as an aircraft mechanic for UPS, underwent periodic hearing tests in accordance with the company’s internal safety policies and the requirements of the California Code of Regulations. Eventually, the tests revealed that Weber was losing his hearing in his left ear, which could have been a symptom of a “growing brain tumor.” Neither UPS nor HTI, Inc., the company that UPS hired to administer the hearing tests, notified Weber of the findings or their medical significance. By the time that HTI did advise Weber to seek further medical evaluation, he was diagnosed with a benign growing brain tumor, requiring a “more radical surgical procedure” that left Weber with scarring, facial paralysis, loss of balance and permanent deafness in his left ear. The trial court granted UPS’s motion for summary judgment on the ground that Weber’s claim was barred by the exclusive remedy afforded by the California Workers’ Compensation Act. The Court of Appeal affirmed, holding that “the alleged negligent administration of these hearing tests and the resulting injury to Weber … grew out of and were incidental to Weber’s employment with UPS.”