Devault v. General Motors Corp.

I respectfully dissent because I believe that the Workers’ Compensation Appeal Board committed an error of law in determining that plaintiff’s injuries did not arise out of his employment.

While at work, plaintiff was assaulted by a co-employee. Plaintiff suffered serious head injuries and is now totally and permanently disabled. Plaintiff brought this workers’ compensation claim and a civil claim against the co-employee. The civil suit was dismissed on the basis that plaintiff’s exclusive remedy was under the Worker’s Disability Compensation Act.

A hearing referee ruled that plaintiff was…