Plaintiff filed a complaint against his employer alleging intentional misconduct and negligence after a co-worker injured the plaintiff while the co-worker was having a psychotic episode. Plaintiff alleged that the defendant knew or should have known about the co-worker’s mental health issues and negligently hired and supervised him. The circuit court granted the defendant’s motion for summary judgment in which the defendant argued that plaintiff’s claims were barred by the exclusive remedy provision of the Workers’ Compensation Act. The appellate court affirmed, explaining that plaintiff had failed to sufficiently prove that the defendant intended to cause harm, which was required to circumvent the exclusive remedy provision of the Act. (BERTANI, concurring and ANDERSON, dissenting)
Illinois Appellate Court
Civil Court
Indiana Workers' Compensation Act