concurring in result opinion.
I concur in the affirmance of the trial court's denial of CIC's motion to dismiss Bowman's complaint against CIC raising the issues of gross negligence, intentional infliction of emotional distress, and constructive fraud; however, I do so for different reasons than the majority. In Stump v. Commercial Union (1992), Ind., 601 N.E.2d 327, our supreme court recognized that the exclusivity provision of the Worker's Compensation Act did not preclude a plaintiff from seeking recovery from third-party claimants for additional injuries sustained as a proximate result of tortious conduct. Id. at 331. Thus, the court created a category of distinct tort actions over which the Worker's Compensation Board has no jurisdiction. A plaintiff can never be collaterally estopped from resolving his independent tort action against a third party, which does not occur by accident and arise out of and in the course of employment. I concur in result.