McNair v. Michael Dorsey and James Armstrong d/b/a Armstrong Tree Service
45 FLW D194
The employer is not estopped from asserting workers' compensation immunity where, in compensation proceedings, the employer asserted that there was no work accident causing injury and the accident occurred outside the scope of employment. An employer is not estopped from asserting workers' compensation exclusivity merely because it had denied compensability of an alleged workplace injury. Employer is entitled to litigate whether a compensable accident occurred in a workers' compensation forum.