Kuykendall v. Gulfstream Aerospace Technologies

KAUGER, J.,

with whom Watt, V.C.J., Hodges and Boudreau, JJ. join, dissenting:

11 A single, first impression question of law is presented: whether a self-insured employer is shielded by the Workers' Compensation Act, 85 0.8.2001 § 1, et seq. from tort liability for the intentional, bad faith refusal to pay post-award benefits. Although I express no opinion on whether the facts in this cause would support such an award, I dissent from the majority's determination that the Workers' Compensation Act precludes recovery for the intentional, tortious, post-award acts of a self-insured employer. The…