Worker's Compensation Act

Locke v. Hewitt,
No. 90,744 (Kan. Ct. App. Feb. 20, 2004)

The Court of Appeals of Kansas held that a nurse's aide who suffered on-the-job injuries while moving a patient could not maintain a malpractice claim against the ER physician who treated her injuries because the two were "co-workers." Kansas law provides that an injured worker who can recover benefits under the Workers' Compensation Act cannot sue his or her employer and co-employees for negligence. The aide argued that the ER physician was not an employee of the hospital since he was providing services to the hospital as an independent contractor. The court found the ER physician to be an employee, however, pursuant to the definition of "employee" found in the Workers' Compensation Act.