HORODYSKYJ v. KARANIAN

No. 99SC875.

32 P.3d 470 (2001)

Nestor HORODYSKYJ and Zoriana M. Mororzewych-Horodyskyj, Petitioners, v. Richard KARANIAN, individually, and as President and Owner of Argus Electric Service, Inc.; and Argus Electric Service, Inc., Respondents.

Supreme Court of Colorado, En Banc.

October 1, 2001.


Attorney(s) appearing for the Case

Knapp & Sachs, P.C., Debra Knapp Benjamin Sachs, Feiger, Collison, & Bechtold, LLC, Lynn D. Feiger, Joan M. Bechtold, Brian T. Moore, Denver, CO, Attorneys for Petitioners.

John Kokish, P.C., John Kokish, Castle Rock, CO, Attorney for Respondents.

Killian & Guthro, P.C., J. Keith Killian, Beecher Threatt, Grand Junction, CO, Attorneys for Amicus Curiae Colorado Trial Lawyers Association.

Miller, Lane, Killmer & Greisen, LLP, Darold W. Killmer, John T. Carlson, Denver, CO, Attorneys for Amicus Curiae Plaintiffs' Employment Lawyers Association.

Vaughan & Demuro, P.C., David R. Demuro, General Counsel, Pinnacol Assurance, Michael J. Steiner, Denver, CO, Attorneys for Amicus Curiae Pinnacol Assurance.


Chief Justice MULLARKEY delivered the Opinion of the Court.

In this opinion we address the relationship between workers' compensation laws and on-the-job sexual harassment inflicted by one employee upon another. We hold that injuries resulting from workplace sexual harassment are not compensable under the Workers' Compensation Act and, therefore, an employee's tort claims based on sexual harassment are not barred by the exclusivity provisions of the Act. Our decision...

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