Espaniola v. Cawdrey Mars Joint Venture

OPINION OF THE COURT BY

NAKAMURA. J

“The ... remedies... granted [by the Workers’ Compensation Law] to an employee or his dependents on account of a work injury . . exclude all other liability of the employer to the employee, his legal representative, spouse, dependents, next of kin, or anyone else entitled to recover damages from the employer . . . .” Hawaii Revised Statutes (HRS) § 386-5 (1976). 1 The question is whether this “exclusive liability” clause precludes the assertion of a contractual claim for indemnity against an employer, who has paid benefits under the law on account of a fatal…