Robertson v. Travelers Insurance Co.

In this case we decide whether a common law action seeking compensatory and punitive damages for allegedly outrageous conduct in the handling of a workmen’s compensation claim can succeed where recovery was had on the underlying workmen’s compensation action. We hold that it may not.

On June 25, 1971, the plaintiff in this action, Elvin L. Robertson, slipped and fell while at work as a carpenter for Kaskaskia Constructors, Inc. As a result of the accident he complained of pain in both knees and consulted with several doctors between the accident and the mid-die of 1973. Most of Robertson’s…