"When an employer has complied with the provisions of the Workmen's Compensation Act, neither the employer nor its insurance carrier are subject to liability for the death of or personal injury to any employee, except as provided in the Act, and all causes of actions, rights, and remedies for and on account of such death of or personal injury to any covered employee are abolished."
How later courts described this case
- "When an employer has complied with the provisions of the Workmen's Compensation Act, neither the employer nor its insurance carrier are subject to liability for the death of or personal injury to any employee, except as provided in the Act, and all causes of actions, rights, and remedies for and on account of such death of or personal injury to any covered employee are abolished."
- because Workers’ Compensation Act gives employee right of direct action against workers’ compensation carrier, employee is third-party beneficiary of policy
- discussing Rule III, RPRVR
Written by the judges who cited it.
The opinion
COYTE, Judge,
dissenting:
I dissent. Plaintiff did not seek relief within the confines of the Industrial Commission nor did he allege that the insurer acted in a willful and wanton manner. In my view, plaintiff failed to state a claim for relief and the trial court properly dismissed his complaint.