Facts

Tyrone Doutherd filed suit against Doris Montesdeoca, UPS Ground Freight, Inc. and Liberty Mutual Insurance, in relation to a vehicle collision.

PLAINTIFF'S CONTENTIONS: Doutherd contended that when he was operating a truck and trailer owed by UPS Ground Freight, Inc., he was involved in a collision with Montesdeoca. After which, he contended he suffered injuries and UPS initially prepared a Workers' Compensation claim but did not advise him on his rights to benefits. Later, Doutherd found out the claim was opened and then closed. He contended that defendants acted in concert to adopt an illegal pattern and practice of refusing to process Workers' Compensation claims.

There was an amended complaint including fraud and retaliation on the part of Liberty Mutual and UPSF, the employer.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions.

Result

The court found that Doutherd's claims were barred by the Workers' Compensation Act's exclusive jurisdiction and as such, granted Liberty Mutual's motion to dismiss.

Other Information

According to plaintiff, plaintiff intends to appeal the dismissal as the Workers' Compensation statutory scheme does not deal with the matters about which plaintiff complains.