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Exclusivity Barred Quadriplegic Oil Worker's Tort Suit

By Sherri Okamoto (Legal Reporter)

Tuesday, December 11, 2012 | 0

An Oklahoma oil rig worker who was paralyzed after being crushed by a falling piece of machinery could not sue his employer in tort, the U.S. 10th Circuit Court of Appeals ruled on Friday.The court said Joel Monge's employer could not have been "substantially certain" Monge's injury would occur, as is required by Oklahoma law to remove an employer from the protections of workers' compensation exclusivity, even though the employer knew that a safety device that might have prevented the accident was not functioning.  Although Eagle Well Service may well have acted recklessly, an...

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