Opinion
No. 13–P–1808.
2014-07-22
Shaun AITKEN v. GK FILMS & another.
Id. at 227–228. The court in Fleming then concluded that any payment by NBS of workers' compensation insurance was not dispositive because such payment had “no bearing on the issue of immunity.” Id. at 229. Instead, the court determined that “[t]he employer need not actually pay the insurance premiums to benefit from the workers' compensation exclusivity bar.” Ibid. Consequently, because Shaheen had its own insurance and reimbursed NBS for the cost of covering Shaheen employees, it was immune from Fleming's suit. Likewise, while Aitken's workers' compensation was paid by EP's insurer, GK Films was insured as well and liable to provide compensation to its injured employees.