Ruling Spotlights Dual Capacity's Impact on Comp Exclusivity

A recent South Carolina appellate ruling that a trial judge prematurely dismissed a wrongful death lawsuit against chicken processor Pilgrim’s Pride Corp. highlights the so-called dual capacity doctrine. The state Court of Appeals said a fuller factual record must be developed before it could rule whether the estate of Samel Ragin can sue Pilgrim’s Pride. At issue is whether the company acted in a “dual capacity,” which other states have ruled is a way for plaintiffs to escape workers' compensation exclusivity. The doctrine, also known as dual persona, permits an ...