Bowden v. Young

768 S.E.2d 622 (2015)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P managed a fast food restaurant. P was injured at work when Young (D) allegedly assaulted P during an attempted armed robbery at the restaurant. P later filed a workers' compensation claim for various physical and emotional injuries caused by the assault. While his workers' compensation claim was pending, he sued First Liberty Insurance Corporation, the insurer handling the claim, for intentional infliction of emotional distress and bad faith. First Liberty moved to dismiss all of P's claims. It argued that the Workers' Compensation Act vests exclusive jurisdiction over such claims with the Industrial Commission. The court denied the motion, and Insurer appealed.