Egan v. National Distillers & Chemical Corp.

The first proposition of law presented by appellant is that when an injured worker receives workers’ compensation benefits from the employee’s self-insured employer for an injury received at work, and thereafter is awarded intentional tort damages against his employer for the same injury, the amount of workers’ compensation paid by the employer must be set off against the damage award.

We previously rejected such a contention in paragraph three of the syllabus in Jones, supra, which held that “[a]n employer who has been held liable for an intentional tort is not entitled to a setoff of the…