McSwain v. Shei

Toal, Justice:

The dispositive issue in this case is whether an employee may maintain a common law action for intentional infliction of emotional distress against her employer. We conclude that when an employee alleges sufficient facts to support a cause of action for an intentional infliction of emotional distress, the action is not barred by the exclusivity provision of the Workers’ Compensation laws and therefore affirm.

FACTS

Marie McSwain filed this action against her employer, Shink Shei and Go Sport, Inc. (“Go Sport”) alleging that she had been required to perform exercises which…