Davis Ex Rel. Davis v. CMS Continental Natural Gas, Inc.

KAUGER, J.: |

T1 We retained this cause to consider whether the exclusivity provision, 85 0.8. 1991 § 12, 1 of the Workers Compensation Act, 85 0.8.1991 § 1, ef seq., precludes the plaintiffs/appellants, Whitney and Tiffany Davis through their mother, Brenda Davis [collectively, Davis], from recovering tort damages pursuant to 40 0.S8.1991 § 178. 2 We determine that 40 0.8.1991 § 178 retains viability as it relates to occupations exempted from the Workers' Compensation Act. Nevertheless, under the undisputed facts presented, we hold that the employee's recovery is limited to that provided…