United States Fidelity and Guaranty Co. v. Theus

HODGES, Justice.

Petitioner seeks a writ of prohibition from this court to prohibit the district court from proceeding to trial in a matter where petitioner maintains the State Industrial Court has exclusive jurisdiction.

The case involves the question of whether an employee may sue an insurance carrier in a common law tort action for negligence in carrying out safety inspections where the employee and the employer are covered by the Workmen’s Compensation Act.

The petitioner carries a workmen’s compensation and employers liability policy on the employer, who is the principal employer. The…