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Brock v. Price

N.D.October 3, 2019No. 20190092Cited 9 times
Mixed ResultKS Industries, LLC
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Case Details

Judge(s)
Tufte, Jerod E.
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The Supreme Court of North Dakota affirmed the district court's summary judgment dismissing plaintiff's negligence action as barred by workers' compensation exclusive remedy provisions, but reversed the award of costs and disbursements and remanded for a hearing on plaintiff's objections to the cost award.

Excerpt

A district court may revise any non-final order before entry of a final judgment and has discretion to extend deadlines in its scheduling order before trial. Once a claimant is allowed to participate in the workers' compensation fund, he or she may no longer elect to bring a lawsuit against the employer. The word "must" in a statute normally indicates a mandatory duty.

What This Ruling Means

**Brock v. Price: Workers' Compensation Blocks Lawsuit Against Employer** This case involved a worker named Brock who was injured on the job at KS Industries, LLC. After participating in the workers' compensation system to get benefits for his injury, Brock also tried to sue his employer for negligence in a separate lawsuit, claiming the company was careless and caused his injury. The court ruled against Brock on the main issue. The North Dakota Supreme Court confirmed that once a worker accepts workers' compensation benefits, they cannot also sue their employer for the same injury. This is called the "exclusive remedy" rule - workers' compensation is meant to be the only way injured workers can get money from their employers for workplace injuries. However, the court did side with Brock on one smaller point about legal fees and costs that the employer was trying to collect from him. This ruling is important for workers to understand because it shows you generally have to choose one path or the other. If you accept workers' compensation benefits for a workplace injury, you typically give up your right to sue your employer later, even if you think they were negligent. Workers should carefully consider their options before accepting benefits.

This summary was generated to explain the ruling in plain English and is not legal advice.

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