Kevin Klabon v. Travelers Property Casualty Company of America.

Summary

The court answered a certified question in the negative, holding that an employee injured by an uninsured or underinsured third-party tortfeasor may pursue UM/UIM benefits from the employer's separate UM/UIM carrier even after receiving workers' compensation benefits. The court reasoned that the workers' compensation immunity provision protects the employer and the carrier insuring workers' compensation liability, not a separate UM/UIM carrier, and that a claim based on a third party's liability is not a suit against the employer or a co-employee. No separate opinions were filed.