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Judge Says Exclusive Remedy Doesn't Shield Employer From Retaliatory Discharge Claim

By Sherri Okamoto (Legal Reporter)

Monday, October 24, 2016 | 0

An Oklahoma District Court judge last week ruled that the state's Administrative Workers' Compensation Act did not shield an uninsured employer from potential civil liability for a worker's retaliatory discharge claim. Judge Linda Morrissey found that a retaliatory discharge could rise to the level of an intentional tort, and since workers who are the victims of intentional torts are not limited to a comp remedy, she said Keenan Nesvold could proceed with his retaliatory discharge action. Nesvold alleges that he suffered an on-the-job injury in while working for Tulsa Promenade R...

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