HB 46: Workers’ Compensation Coemployee Immunity
2007 General Session

Sponsor: Joint Labor, Health and Social Services Interim Committee

HB 46 would have amended the workers’ compensation co-employee immunity statute to clarify that an employee is immune from civil liability for causing a work related injury to a co-employee, unless there was an intent to cause physical harm or injury. This would mean that a person could knowingly send a co-employee into a dangerous situation, and unless a deliberate intent to harm or injure the fellow employee could be proven, the person would be legally immune from liability.

HB 46 included a declaration of legislative intent to change the effect of a recent Wyoming Supreme Court decision that interpreted current law to include a different standard of liability (Bertagnolli V. Louderback, 2003).

The House Labor, Health and Social Services Committee defeated HB 46 on a tie vote. Representatives Timothy Hallinan (R-H32, Gillette), Elaine Harvey (R-H26, Lovell), Jerry Iekel (R-H29, Sheridan) and William Steward (R-H47, Encampment) voted in favor of the bill. Representatives Ken Esquibel (D-H41, Cheyenne) Liz Gentile (D-H36, Evansville), Jack Landon (R-H30, Sheridan) and Lori Millin (D-H8, Cheyenne) voted against the bill. Representative Tom Lubnau (R-H31, Gillette) declared a conflict of interest and was absent.

INTRODUCED