Daniels v. Swofford

VAUGHN, Judge.

At issue is whether the trial court has subject matter jurisdiction over plaintiff’s claim or whether the Industrial Commission has exclusive jurisdiction. We conclude that the Workers’ Compensation Act precludes plaintiff from seeking recovery from the corporate employer. Plaintiff, however, does have the right to bring a tort action against the assaultive coemployee. Summary judgment in favor of that defendant was improperly granted.

We must first determine whether plaintiff has the right to proceed under the Workers’ Compensation Act. It is well settled that to maintain an…