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Walmart worker who accepted comp benefits barred from suing employer - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Walmart worker who accepted comp benefits barred from suing employer by Louise Esola Workers Comp Coverage , Workplace Safety Mar 24, 2026 The Alabama Supreme Court on Friday affirmed summary judgment for Walmart and a co-employee, holding that a worker who accepted workers compensation benefits could not pursue separate tort claims over the same injury. The issue in Duke v. Walmart arose after Phillip Duke was struck by a co-worker’s tractor-trailer while jogging in the Walmart distribution center parking lot. Although Mr. Duke argued he was off duty and outside the scope of employment, the court found that his acceptance of workers compensation benefits was decisive. Walmart presented evidence that he received medical and disability benefits tied to the incident. That showing shifted the burden to the worker to demonstrate the claim fell outside the act’s coverage. The court found he failed to do so. Even if Mr. Duke was off duty at the time of the accident, the court said he could not “accept those benefits and at the same time” pursue tort claims based on a contrary theory. The court also rejected claims against the co-employee driver. Alabama law permits such suits only when the injury results from “willful conduct,” a high bar requiring evidence of intent to injure or knowledge that harm was substantially certain. Mr. Duke failed to present evidence meeting that standard, relying instead on allegations that the driver acted negligently or may have been impaired — insufficient to establish willful conduct at the summary judgment stage, the court said. Related News Idaho bill would extend PTSD cover to coroners, death investigators March 24, 2026 Crawford names W. Bruce Swain president and CEO March 24, 2026 Berkshire unit to buy 2.5% stake in Tokio Marine March 24, 2026 Turkish reinsurer’s net profit surges 65% March 24, 2026 Starr acquires IQUW March 24, 2026 Marine insurers still have strong appetite for war risk cover: Lloyd’s March 24, 2026 14 die, 60 injured in car parts factory fire March 24, 2026 Everest to sell Canadian retail business to Wawanesa March 24, 2026 Iran may allow Japanese ships to sail Strait of Hormuz March 24, 2026 Facebook-f X-twitter Linkedin-in Business Insurance is a singular, authoritative news and information source for executives focused upon risk management, risk transfer and risk financing. Never miss important news: Become a Business Insurance Online subscriber today Subscribe Now Information About Us Contact Advertise Privacy Policy Terms & Conditions Copyright 2026. BUSINESS INSURANCE HOLDINGS Member, Beacon International Group, Ltd.
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