KENKEL v. PARKER

REIF, C.J.,

dissenting, with whom Gurich, J., joing.

11 The issue in this case is whether a corporate stockholder can incur secondary *1152liability for a workers' compensation award where the corporation failed to provide insurance and has no assets from which to pay the award. The majority holds that the general rule of limited liability shields stockholders from liability for such an award "[ulnless it can be shown that there is a design or scheme to perpetrate a fraud or defeat public convenience, justify wrong, or defend crime." 1 19, Majority Opinion.

T2 The 1989 case of Buckner v. Dillard 1939…