Hammerstein v. Lindsay

I concur in the majority’s decision to affirm the trial court’s entry of judgment on the pleadings in favor of defendant-hospital on the cause of action stated by the plaintiff for intentional infliction of emotional distress. I am unable to agree, however, and therefore dissent from the majority’s holding that plaintiff is barred by the exclusivity clause of the Worker’s Compensation Act from asserting a cause of action for defamation.

This holding by the majority, which in my best judgment is erroneous, appears to have been caused by the majority’s failure to distinguish between the “issue”…