dissenting:
¶ 16 I respectfully dissent. The complaint in this case plainly states a cause of action for breach of contract, not preempted by the UWCA. Although count one of the complaint contains a confusing parenthetical description (“Wrongful Death-Wrongful Act”), it is clear from its final paragraph that it is in fact a breach of contract claim:
24. As a foreseeable ... consequence of Zions Bank’s breach of its express contractual obligation to Mrs. Cook and/or breach of the covenant of good faith and fair dealing which Zions Bank owed to Mrs. Cook, Mrs. Cook died causing plaintiffs to sustain damages as set forth in paragraphs 31 through 33 of this Complaint.
¶ 17 Claims for breach of contract are not covered by the UWCA. Furthermore, the Act itself excludes the injuries complained of here. Section 34A-2-102(10)(b) provides: “ ‘Personal injury by accident arising out of and in the course of employment’ does not include a disease, except as the disease results from the injury.” Mrs. Cook died of cancer, which was a disease unrelated to her employment. The claimed breach by Zions of its contractual obligation to allow Mrs. Cook sick leave for purposes of treatment qualifies as a “wrongful act” pursuant to *1088section 78-11-7, and I believe the trial court erred in dismissing the complaint.