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This memorandum addresses whether a guarantor of a self-insured employer's workers' compensation obligations is immune from liability under Tennessee's Workers' Compensation Law, similar to an insurer. Plaintiffs John Malkiewicz and Tim Lemons, along with their spouses, sued defendant R.R. Donnelley & Sons, Inc., the guarantor for its self-insured subsidiary Donnelley Printing Company, alleging negligence in providing safety services after they were injured. The court granted the defendant's motion to dismiss, holding that as a guarantor, R.R. Donnelley & Sons, Inc. is entitled to the same immunity as a workers' compensation insurer. This decision aims to encourage safety initiatives by guarantors without fear of increased liability and maintain an uninhibited choice between insured and self-insured status under state law.
Malkiewicz v. R.R. Donnelley & Sons Co. is a workers' compensation case decided in District Court, M.D. Tennessee. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, M.D. Tennessee.
Full Decision Text1 Pages
This memorandum addresses whether a guarantor of a self-insured employer's workers' compensation obligations is immune from liability under Tennessee's Workers' Compensation Law, similar to an insurer. Plaintiffs John Malkiewicz and Tim Lemons, along with their spouses, sued defendant R.R. Donnelley & Sons, Inc., the guarantor for its self-insured subsidiary Donnelley Printing Company, alleging negligence in providing safety services after they were injured. The court granted the defendant's motion to dismiss, holding that as a guarantor, R.R. Donnelley & Sons, Inc. is entitled to the same immunity as a workers' compensation insurer. This decision aims to encourage safety initiatives by guarantors without fear of increased liability and maintain an uninhibited choice between insured and self-insured status under state law.
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