Workers' Compensation News
Case Summary - October 9, 2008
EXCLUSIVE REMEDY
Hatke v. Fiddler, 868N.E.2d 60 (I.N. 2007)
The Workers' Compensation Act was the exclusive remedy for an employee who was injured in an auto accident involving a co-employee in a separate vehicle. Since both employees were in the course of their employment (although in two different vehicles going two different places) the non-negligent driver did not have a civil action against the negligent co-employee.
Eichstadt v. Frisch's Restaurants, Inc., 879N.E.2d 1207 (I.N. 2008)
The Workers' Compensation Act was the exclusive remedy for an employee who was injured when a manager hit her on her buttocks with a clipboard. While the manager's act may have been intentional and outside the scope of his employment, there was no showing that the manager was the alter ego of the employer or that his actions and her injury were the intended result of the employer's policies.
Procare Rehab Services of Community Hospital v. Vitatoe, 888N.E.2d 349(I.N. 2008)
The Workers' Compensation Act was the exclusive remedy for a hospital employee who claimed malpractice as to the employer's hospital's physical therapy department, where she was receiving treatment for a work related injury. Procare was not a separate legal entity from Community Hospital and its actions, even if they aggravated the injury, arose out of the employment and not as a the result of the employer acting in a dual capacity.
Read More