Gibson v. National Ben Franklin Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• injury from wrongful termination of benefits does not “arise out of employment,” therefore action not prohibited by exclusivity clause
• severe mental distress did not arise out of or in the course of employment and thus claim not barred by the exclusivity provisions of the compensation laws
• “One reason for our conclusion [that the administrative remedies are not the plaintiffs sole remedies] is the fact that the penalties provided by [the Act] are payable to the State rather than the claimant.”
• “[T]he case arises not out of appellant’s original employment relationship but out of her relationship to the carrier after her basic remedies as an injured employee had been settled through procedures provided by the Act.”
• \One reason for our conclusion [that the administrative remedies are not the plaintiff's sole remedies] is the fact that the penalties provided by [the Act] are payable to the State rather than the claimant.\
• intentional infliction of mental distress

Source: CourtListener parenthetical corpus (CC0).