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Summary Judgment Victory: Worker's Compensation Act's Exclusive Remedy Provision Applies to Forklift Operation

Attorney Larry Drabot recently prevailed on a motion for summary judgment in a work-related injury case venued in Wisconsin. The plaintiff asserted a negligence claim against his co-worker who ran over his foot with a rented forklift. Drabot asserted the exclusive remedy provision of the Worker’s Compensation Act, arguing that the exception for a non-owned vehicle did not apply because the forklift was not a “motor vehicle.” The court agreed and dismissed all claims against our client. The court also found that our client’s insurance policy did not waive the protections of the Worker’s Compensation Act as the exception to the fellow worker exclusion was not triggered.

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