Foster V. Xerox Corp‪.‬

An employee who suffers an injury in the course of his employment may recover damages in an action at law only if he comes within certain exceptions to the workers' compensation law. (Lab. Code, §§ 3600, 3602.)*fn1 One of these exceptions is embodied in subdivision (b)(2) of section 3602 (hereinafter subdivision (b)(2)). It provides that an action at law may be brought "Where the employee's injury is aggravated by the employer's fraudulent concealment of the existence of the injury and its connection with the employment, in which case the employer's liability shall be limited to those damages proximately caused by the aggravation."*fn2 The primary   issue here is whether the "fraudulent concealment" referred to in this provision requires affirmative misrepresentations by the employer regarding the existence of the injury and its connection with the employment, or whether