Workers compensation co-employee immunity.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0331

HOUSE BILL
NO.
HB0102

Workers compensation co-employee immunity.

Sponsored by:
Representative(s) Cohee, Illoway and Osborn and Senator(s) Peck and Vasey

A BILL

for

AN ACT relating to worker's compensation; clarifying the tort immunity of co-employees as specified; specifying legislative intent; specifying applicability; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 27
‑
14
‑
104(a) is amended to read:

27
‑
14
‑
104.

Exclusive remedy as to employer; nonliability of co-employees; no relief from liability; rights as to delinquent or noncontributing employer.

(a)

The rights and remedies provided in this act for an employee including any joint employee, and his dependents for injuries incurred in extrahazardous employments are in lieu of all other rights and remedies against any employer and any joint employer making contributions required by this act, or their employees acting within the scope of their employment unless the employees
intentionally act
intended
to cause physical harm
or
and
injury to the injured employee, but do not supersede any rights and remedies available to an employee and his dependents against any other person.
The co-employee immunity provided by this section shall immunize co-employees for all workplace injuries except those specified and co-employees shall not be liable for workplace injuries upon any other cause of action or theory of recovery, including but not limited to negligence, gross negligence, culpable negligence, recklessness
and
willful
and
wanton
mis
conduct.

Section 2.

It is the intent of the legislature in passing this act to change the effect of the holding in the Wyoming Supreme Court decision in
Bertagnolli v. Louderback
, 2003 WY 50, 67 P.
3
d 627 (2003) and provide that co-employee liability shall be limited as provided by this act.

Section 3.

This act shall apply to injuries occurring on or after July 1, 2006.

Section 4.

This act is effective July 1, 2006.

(END)

1
HB0102