White v. Apollo-Lakewood, Inc.

John I. Purtle, Justice.

The lower court granted appellee’s motion to dismiss appellant’s complaint, stating that the court did not have jurisdiction because the rights and remedies pursuant to the workers’ compensation act constitute the exclusive remedy between employer and employee for death or injury arising out of and in the course of employment. The trial court was correct.

The complaint alleged the appellee-employer deliberately and intentionally assigned the appellant-employee to duties which were known to almost certainly cause injury to the employee. The allegations included not only…