Bryant v. Fox & Chicago Bears
Illinois Court of Appeals for the First District
515 N.E.2d 775 (1987)
Dr. Fox (defendant), the Chicago Bears' (defendant) team physician, was paid a modest $12,000 annual retainer while maintaining an extensive independent medical practice; the Bears did not provide him group insurance, paid vacation, W-2 tax forms, or Social Security withholding, and Fox himself was treated as an employee of his own separate medical practice for those purposes. Bryant (plaintiff), an injured player, sued Fox for malpractice and sued the Bears under respondeat superior, alleging Fox was the Bears' employee; the trial court dismissed both claims, reasoning the workers' compensation exclusive-remedy rule barred a co-employee negligence suit, and Bryant appealed.
Whether a common-law negligence action brought against a team physician is barred by workers' compensation's exclusive-remedy provision when the physician functions as an independent contractor rather than a co-employee.