How do worker disputes affect Workers’ Compensation coverage? A split Oklahoma Supreme Court has ruled that for an employee to receive the protection of the exclusive remedy provision of the Administrative Workers’ Compensation Act, they must have been acting within the course and scope of employment when the incident causing injury to a colleague occurred. Any dispute between the workers could have serious ramifications.
How could this affect future Workers’ Compensation claims in Oklahoma? The Armstrong Law Firm, PLC, in Tulsa weighs in.
BAYOUTH v. DEWBERRY, 2024 OK 42, Case Number: 121897, Decided on 6/11/2024
The case involves an incident at Morgan Stanley’s Oklahoma City branch. Leonard Bernstein, an employee of the branch, shot his co-worker, Christopher Bayouth. Bernstein believed he acted in self-defense due to his delusional state. Following the shooting, Bayouth sued Bernstein for willful and intentional acts, assault, battery, and intentional infliction of emotional distress. After Bernstein passed away, his estate was substituted as the defendant. The estate contended that Bayouth’s exclusive remedy was through the Administrative Workers’ Compensation Act (AWCA) since he had received Workers’ Compensation benefits.
The District Court of Oklahoma County ruled in favor of Bernstein’s estate, stating that the exclusive remedy provision of the AWCA shielded Bernstein regardless of whether he was acting within his course and scope of employment when the shooting occurred. The court’s reasoning focused on whether the injured employee was working within the course and scope of his employment at the time of the incident, not the employee who caused the injury.
The Oklahoma Supreme Court disagreed with the lower court’s interpretation. The court held that for the exclusive remedy provision under the AWCA to apply, the employee who injures another employee must be working within the course and scope of their employment when the incident occurs. The court found that the parties disputed whether Bernstein was acting within the course and scope of his employment when he shot Bayouth. Consequently, the court reversed the lower court’s decision and returned the case for further proceedings.
What Is the Exclusive Remedy Provision of the AWCA?
The exclusive remedy provision is found in 85A O.S. §5(A) of the AWCA, which reads:
“The rights and remedies granted to an employee subject to the provisions of the Administrative Workers’ Compensation Act shall be exclusive of all other rights and remedies of the employee, his legal representative, dependents, next of kin, or anyone else claiming rights to recovery on behalf of the employee against the employer, or any principal, officer, director, employee, stockholder, partner, or prime contractor of the employer on account of injury, illness, or death. Negligent acts of a co-employee may not be imputed to the employer. No role, capacity, or persona of any employer, principal, officer, director, employee, or stockholder other than that existing in the role of employer of the employee shall be relevant for consideration for purposes of this act, and the remedies and rights provided by this act shall be exclusive regardless of the multiple roles, capacities, or personas the employer may be deemed to have.”
This rule essentially prevents injured workers from suing their employer for additional compensation after filing a claim. Its purpose is to shield the employer from ongoing lawsuits. Additionally, it serves to guarantee that the injured worker receives prompt assistance.
What Does Bayouth v. Dewberry Mean for Worker Disputes in Oklahoma?
It seems that the Majority opinion is influenced by the belief that Bernstein is responsible for shooting Bayouth, and it wouldn’t be fair to prevent Bayouth from suing Bernstein as a result. The statute permits Bayouth to pursue legal action in this case. When an employee negligently injures a co-worker, the employer is not held accountable under Section 5(A), and the exclusivity provision does not prohibit legal action against the co-employee at fault.
While this action may settle this case, it is currently referred back to the lower court for disposition. If you are injured on the job in Oklahoma by a co-worker, your employer may or may not be liable for your injuries in a civil lawsuit if a dispute between workers is involved. The Armstrong Law Firm, PLC, reviews every case to determine the facts and how the law applies.
If you have questions about worker disputes or an injury you received at work, contact us at (918) 582-2500 or complete the contact form to request a free consultation.