Winkler v. Hyster Co.

This is another of a series of cases in which an employee eligible to receive or having received workmen’s compensation benefits from his employer nevertheless seeks to recover damages at law from that employer for the same injuries. The theory upon which recovery is sought is known as the “dual purpose doctrine.” It permits recovery by the employee from the employer if the injuries resulted from a breach by the employer of a duty that did not arise out of the employer-employee relationship. (See 2A Larson, Law of Workmen’s Compensation §72.80 (1976).) The theory recognizes that any recovery…