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Workmen's Compensation And Employer Suability: The Dual-Capacity Doctrine., Mary Quella Kelly

St. Mary's Law Journal

Most current workmen’s compensation schemes allow an employee to sue a third party who negligently caused their injury while still receiving workmen’s compensation benefits. It is logical, then, that when an employee is injured due to the employer’s negligence arising from a second capacity that creates obligations independent from those of an employer, the right to bring a common law action should not be denied. For instance, a doctor still owes his patients the duty of providing good medical care, regardless of whether that patient is an employee. However, the majority of courts continue to reject this “dual capacity” doctrine …