A worker cannot reclaim his colleague’s auto insurance benefits because their claims have been excluded by the exclusive remedy provision of the Colorado Workers Compensation Act, the Colorado Supreme Court ruled Tuesday.
In the Ryser v. Shelter Mutual Insurance Co. case, the state Supreme Court unanimously ruled in an en-banc hearing that a Walmart Inc. employee was injured while driving his colleague’s car in the Despite the negligent driving of his colleague, the course and scope of his employment cannot reclaim any uninsured / underinsured benefits for motorists from his employee’s policy.
Kent Ryser and two of his associates, Linda Forster and Sherri Babion, all worked for Walmart when they returned from a work trip in a car owned by Ms. Babion but driven by Ms. Forster at the time of the incident fell asleep at the wheel, which included led the car to hit an embankment, according to court records.
Mr. Ryser suffered serious injuries in the accident and received employee compensation. He also sought benefits from his own auto insurance and Ms Babion’s auto insurer Shelter Mutual Insurance Co. for uninsured motorist benefits. Shelter denied the claim.
Mr. Ryser then filed a lawsuit against Shelter, asserting that Ms. Forster was entitled to benefits as a result of her actions under Ms. Babions, as she was immune from liability under the Employee Compensation Act and was a “practically uninsured” driver of Ms. Babion’s car Politics.
A district court dismissed his lawsuit and an appeals court upheld the decision, concluding that Ms. Forster’s immunity prevented Mr. Ryser from seeking damages.
The Colorado Supreme Court upheld the appeals court’s ruling, finding that the “expansive wording” of the Colorado Workers Compensation Act excluded Mr. Ryser’s claim against his colleague’s insurance carrier.
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