Malkiewicz v. R.R. Donnelley & Sons Co.

It seems to me that the majority opinion makes an addition to the Workers’ Compensation Act that encroaches upon the domain of the legislature.

A guarantor of a self-insured employer’s liability under the Act is not an insurer, qualified as such and regulated as such under the laws of this State. Workers’ Compensation insurers enjoy immunity from tort liability because the legislature included “insurer” in the definition of “employer.” Guarantors are not included in that definition.

It may well be that any guarantor who assists an employer to gain self-insured status under the Act, regardless…