Stephen H. Grabowski sustained injuries when his fellow employees, William Mangler, David Smith, and Joseph Ziemba, detained Grabowski in a bathroom, brought him to the ground, and wrapped him, from ankles to shoulders, in duct tape. Grabowski suffered both physical injuries, which required surgery on his lower back and right knee, and post-traumatic stress, which required counseling. Grabowski has since received over $300,000 in workers' compensation for his injuries. He has brought suit against the three men to recover for the damages he has experienced beyond what worker’s compensation covered. Which of the following is correct?

a. There is no third-party liability in workplace injuries, regardless of how they occurred.
b. If there is recovery, Grabowski must first reimburse the worker’s compensation fund for payments received to date.
c. There can be no recovery from third parties when there is a worker’s compensation claim.
d. There can be no recovery for horseplay in the workplace, even under worker’s compensation.

This is a real case that happened in October, 2000, in an oil refinery in Delaware. The state's Supreme Court allowed the plaintiff (Grabowski) to sue his three fellow coworkers.

Delaware's state law usually considers worker's compensation to be sufficient remedy for any job injury, but in this case the court allowed the plaintiff on the basis that he was injured outside of the scope of his normal work.

The state Supreme Court allowed the plaintiff to bring a private tort action against his co-employees regardless of worker's compensation.