Velecela v. All Habitat Services, LLC

Summary

The concurrence agrees that bystander emotional distress is derivative and that the Workers’ Compensation Act therefore barred the claim as pleaded. It emphasizes that a bystander spouse could pursue such a claim if the complaint alleged facts bringing the workplace accident within an exception to employer immunity, including wilful or malicious conduct or qualifying motor-vehicle negligence. The concurrence agrees with the majority that the complaint was legally insufficient.