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

OPINION

WILLIAM J. HARBISON, Special Justice.

This case is before the Court upon a certified question from the United States Court of Appeals for the Sixth Circuit. The Court accepted the case under the provisions of its Rule 23. It has received thorough briefs of counsel, heard oral argument and now responds to the issue certified, which is:

“Under Tennessee’s Workers’ Compensation scheme (Tenn.Code Ann. 50-6-101, et seq.) is the “guarantor” of a “self-insured” employer’s obligations entitled to the same immunity from suit afforded an “insurer” of an employer’s worker’s compensation…