torts 2 deck 10 no fault systems

Question 1

workers comp exclusive remedy issues

Answer 1

Were injuries caused by an accident or were they intentionally caused?
Why do we ask?
Workers’ compensation schemes provide the exclusive remedy for injuries arising out of and in the course of employment
All injuries?

Question 2

exception to exclusive remedy for workers comp

Answer 2

An employee can bring a tort claim where he is injured “through the deliberate intention of his employer to produce such injury or death.”
Ky. Rev. Stat. Ann. §342.610(4)(2004).

Question 3

specifics for exception to exclusive remedy for workers comp

Answer 3

Viable only when 
“an employer has 
determined to injure an employee and 
used some means appropriate to that end, 
and there must be a specific intent.”

Question 4

dual capacity (Chiropractor employee and patient case)

Answer 4

The court held that the chiropractor was a
“person other than the employer”

Tort action allowed.

Question 5

player and team doctor

Answer 5

co-employees

Question 6

don’t forget

Answer 6

Employees can bring tort claims against third-parties for injuries incurred at work.
For example:
Against manufacturers for product defects.
Against drivers for negligent driving.

Question 7

automobile no fault insurance

Answer 7

Pinnick v. Cleary (Mass. 1971), p. 905
Automobile accident
Defendant was negligent
Plaintiff wanted more than allowed under state no-fault insurance statute
Is no-fault statute constitutional?	
A balancing of interests

Question 8

what is compensable

Answer 8

Medical expenses? 
Yes, with certain limitations
Lost wages?
Yes, with certain limitations
Pain and suffering?
No, with certain limitations