McKellar v. Clark Equipment Co.

WATHEN, Justice.

The two cases included in this consolidated Report to the Law Court pose the following questions. Is a wife’s claim against her husband’s employer and co-employee for loss of consortium resulting from a work-related injury to her husband, barred by the immunity and exclusivity provisions of the Maine Workers’ Compensation Act, or alternatively, is it barred because it is derivative in nature? The Superior Court and the parties in each action have invoked this Court’s authority pursuant to M.R.Civ.P. 72(b). 1 We conclude that the issues “are of sufficient importance and doubt”…