March 20, 2013
- 413 Workers’ Compensation
- 413XX Effect of Act on Other Statutory or Common-Law Rights of Action and Defenses
- 413XX(C) Action Against Third Persons in General for Employee’s Injury or Death
- 413XX(C)1 Right of Action of Employee or Representative Generally
- 413k2160 What Persons Liable as Third Persons
- 413k2168.1 Agents of Employer of Injured Person
- 413k2168.1(2) k. Co-workers.
Exclusive-remedy provision of Workers’ Compensation Act barred employee’s action against co-employees for injuries sustained as result of horseplay in which co-employees wrapped employee in duct tape; employee was a non-participating victim and thus was able to recover compensation under the Act.
Grabowski v. Mangler, 938 A.2d 637 (Del. 2007)