Monday, June 7, 2010

Worker's Comp Act bars ex-employee's defamation claim

The court made no reference to sec. 102.03(1)(c)1, which plainly states that the Act only preempts tort liability, “Where, at the time of the injury, the employee is performing service growing out of and incidental to his or her employment.”

As such, the opinion offers no explanation how a former employee could perform services incidental to employment that no longer exists.