UM and UIM benefits relationship to defendant covered by exclusive remedy of workers compensation act

UM and UIM benefits are not available as a result of injuries caused by worker covered under exclusive remedy provisions of workers compensation statute.

State Farm Mutual Automobile Insurance Company v. Carlene Slusher, Administratrix of the Estate of Donald Slusher
2009-SC-000513-DG     November 18, 2010
Opinion of the Court by Justice Venters.  All sitting; all concur.  Held – If, because of the exclusive remedy provisions of Kentucky’s Workers’ Compensation Act, a worker injured in a work-related motor vehicle accident caused by a co-worker, is not legally entitled to collect any further amounts from either his employer or the co-employee, he may not collect either UM or UIM benefits under an insurance policy which provides that to collect under those provisions the insured must be "legally entitled to collect" from the tortfeaser.