Oklahoma Supreme Court Sets Precedent on Workplace Violence Cases>

In a precedent-setting decision, the Oklahoma Supreme Court has ruled that civil litigation can proceed in the case of a financial adviser’s shooting by a 90-year-old coworker with psychological issues, which occurred in June 2022 at a Morgan Stanley office in Oklahoma City. The court’s decision overturns a lower court’s summary judgment that had granted workers compensation exclusivity, arguing that the shooter’s estate wasn’t shielded from legal liability despite the victim receiving comp benefits.
This ruling aligns with similar lower court decisions in Virginia and signifies that for workers compensation exclusivity to apply, the perpetrator must be acting within the course and scope of their employment. The court emphasized that protecting co-employees 24/7, regardless of the circumstances, extends beyond the intent of the exclusive remedy provision. Legal experts agree that intentional acts, such as workplace violence, typically allow for civil lawsuits against the perpetrator while the employer might still enjoy civil immunity.
The decision comes as states like California are implementing new laws requiring workplace anti-violence plans, further spotlighting the complexities of workplace violence cases and the boundaries of workers compensation exclusivity.