Vail v. S/L Services, Inc.
The United States District Court for the District of North Dakota certified questions of North Dakota law to the North Dakota Supreme Court involving Dawn Vail's right to bring a common law tort action against S/L Services, Inc., for personal injuries she sustained while working for S/L Services. The certified questions and the parties' arguments involved issues about employer immunity and an employee's exclusive or dual remedy for injuries occurring during the course of employment under North Dakota’s statutory provisions for workforce safety and insurance. The Supreme Court concluded the exclusive remedy provisions of North Dakota’s workers' compensation laws did not preclude Vail's tort action against S/L Services under provisions authorizing the action for willfully misrepresenting to Workforce Safety and Insurance ("WSI") the amount of payroll upon which a premium is based, or for willfully failing to secure workers' compensation coverage for employees. View "Vail v. S/L Services, Inc." on Justia Law