Supreme Court of Colorado

Kent Ryser v. Shelter Mutual Insurance Company

February 16, 2021480 P.3d 1286

Summary

The court held that an injured employee may not recover uninsured/underinsured motorist benefits from a co-employee vehicle owner's insurer for injuries caused by another co-employee during a work-related accident. The Workers' Compensation Act's exclusivity and co-employee immunity provisions barred the claim because allowing recovery would circumvent those immunities. The court affirmed summary judgment for the insurer on that ground without deciding the meaning of the statutory phrases "legally entitled to recover" and "legally entitled to collect."