Popovich v. Irlando

The question in this case is whether the co-employee immunity rule of workers’ compensation law bars a tort claim filed in the county court by an employee seeking damages from a co-employee for the intentional infliction of emotional distress due to sexual harassment. The county court ruled that the exclusive-remedy provisions of the Colorado Workers’ Compensation Act barred the plaintiff’s claim and dismissed the complaint with prejudice. 1 The district court affirmed the judgment of dismissal, and we granted the plaintiff’s petition for certiorari. We conclude that the county court erred in…