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HB0046 • 2007

Workers' compensation coemployee immunity.

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

Labor
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Labor
Last action
2007-02-28
Official status
active
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

  1. 2007-02-28 House

    H10 Recommended Do Not Pass

  2. 2007-01-09 House

    H Introduced and Referred to H10; No Report Prior to CoW Cutoff

  3. 2007-01-09 House

    H Received for Introduction

  4. 2006-12-18 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0092

HOUSE BILL

NO.
HB0046

Workers' compensation coemployee immunity.

Sponsored by:
Joint Labor, Health and Social Services Interim Committee

A BILL

for

AN ACT relating to worker's compensation; clarifying the tort immunity of coemployees 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 coemployees; 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 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 coemployee immunity provided by this section shall immunize coemployees for all workplace injuries except those specified and coemployees 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 misconduct.

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.3d 627 (2003) and provide that coemployee liability shall be limited as provided by this act.

Section 3.
This act shall apply to injuries occurring on or after July 1, 2007.

Section 4.

This act is effective July 1, 2007.

(END)

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HB0046