v. Shelter Mutual Insurance

Summary

The court held that the Workers’ Compensation Act bars an injured employee from recovering UM/UIM benefits from a co-employee vehicle owner’s insurer when the injury arose from a work-related accident caused by another co-employee. The court reached that result without deciding whether the UM/UIM statute’s phrases “legally entitled to recover” and “legally entitled to collect” independently require the claimant to overcome the co-employee’s immunity. The court therefore affirmed summary judgment for Shelter on grounds differing somewhat from those adopted below.