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Workers Compensation

All articles tagged with #workers compensation

business1 year ago

Walmart Ordered to Pay $34 Million in Defamation Case to Ex-Truck Driver

A jury has ordered Walmart to pay nearly $35 million to former truck driver Jesus Fonseca, who was wrongfully terminated after being falsely accused of workers' compensation fraud. Fonseca, who was injured in a work-related accident, was awarded $25 million in punitive damages and $9.7 million for future non-economic losses. The jury found that Walmart violated its integrity policy and failed to accommodate Fonseca's medical restrictions, leading to his termination. The verdict highlights the need for companies to handle employee integrity issues with care and honesty.

via WKRC TV Cincinnati|
#business#dollar35-million#punitive-damages
business1 year ago

Walmart Ordered to Pay $35M for False Fraud Accusation Against Truck Driver

A California jury has ordered Walmart to pay nearly $35 million to former truck driver Jesus "Jesse" Fonseca, who was wrongfully terminated and falsely accused of workers' compensation fraud. The jury awarded $25 million in punitive damages and $9.7 million for future non-economic losses. Fonseca was injured in a 2017 accident and claimed Walmart failed to accommodate his medical restrictions, leading to his termination after being surveilled driving a personal vehicle. The verdict highlights issues with Walmart's treatment of injured workers.

via CBS News|
#business#fraud#lawsuit
business1 year ago

Walmart Ordered to Pay $34 Million in Truck Driver Defamation Case

A Southern California truck driver, Jesus Fonseca, was awarded $34 million after a jury found Walmart falsely accused him of workers' compensation fraud and fired him while he was on medical leave. Fonseca, who worked for Walmart for over 14 years, was injured in an accident and placed on medical leave with work restrictions. Despite his requests for modified duties, Walmart failed to accommodate him and later accused him of fraud based on a misinterpretation of his medical restrictions. Fonseca sued for disability discrimination and wrongful termination, and the jury ruled in his favor, awarding him $25 million in punitive damages and $9.7 million for losses. Walmart plans to challenge the verdict.

via Jalopnik|
#business#disability-discrimination#employment-law
legal2 years ago

Judge Allows $40 Million Lawsuit to Proceed After 6-Year-Old Shoots Virginia Teacher

A judge in Newport News, Virginia, has ruled that a teacher who was shot by her 6-year-old student can proceed with her $40 million lawsuit against the school system. The judge's decision allows Abby Zwerner to seek compensation beyond workers' compensation for the injuries she sustained in the classroom shooting. Zwerner's attorneys argued that workers' compensation did not apply because being shot by a student was not an actual risk of her job as a first-grade teacher. The judge agreed, stating that the danger of being shot by a student is not unique to the job of a first-grade teacher. Zwerner alleges that school administrators ignored warnings about the student having a gun and dismissed concerns about his troubling behavior. The school board plans to appeal the decision.

via KABC-TV|
#lawsuit#legal#negligence
legal2 years ago

Judge Allows Virginia Teacher Shot by 6-Year-Old to Proceed with $40M Lawsuit

A judge in Virginia has ruled that a teacher who was shot by her six-year-old student can proceed with her $40 million lawsuit against the school system. The judge disagreed with the school board's argument that the teacher was only eligible for workers' compensation, stating that her injuries did not arise out of her employment. The teacher alleges that school administrators ignored warnings about the student having a gun and dismissed concerns about his behavior. The school board plans to appeal the decision.

via The Guardian US|
#lawsuit#legal#negligence
legal2 years ago

Judge Allows Teacher Shot by 6-Year-Old Student to Sue School District

A judge in Newport News, Virginia has ruled that a first-grade teacher who was shot by a 6-year-old student can proceed with her $40 million lawsuit against the school district. The judge determined that the injury suffered by the teacher did not arise out of her employment, rejecting the defendants' argument that the case should be limited to a Workers' Compensation claim. The teacher's attorneys argued that getting shot by a student in a first-grade classroom is not a reasonably foreseeable workplace hazard and that damages should be determined through a personal injury lawsuit. The school district is expected to appeal the ruling.

via The Virginian-Pilot|
#lawsuit#legal#personal-injury
legal2 years ago

Judge Allows $40M Lawsuit by Virginia Teacher Shot by 6-Year-Old Student

A judge in Newport News, Virginia, has ruled that a teacher who was shot by her 6-year-old student can proceed with her $40 million lawsuit against the school system. The judge disagreed with the school board's argument that the teacher was only eligible for workers compensation, stating that her injuries did not arise out of her employment. The teacher alleges that school administrators ignored warnings about the student having a gun and dismissed concerns about his behavior. The school board plans to appeal the decision.

via NBC News|
#lawsuit#legal#negligence
legal2 years ago

Judge Allows $40 Million Lawsuit to Proceed After 6-Year-Old Shoots Virginia Teacher

A judge in Newport News, Virginia, has ruled that a teacher who was shot by her 6-year-old student can proceed with her $40 million lawsuit against the school system. The judge disagreed with the school board's argument that the teacher was only eligible for workers' compensation, stating that her injuries did not arise out of her employment. The teacher alleges that school administrators ignored warnings about the student having a gun and dismissed concerns about his behavior. The school board plans to appeal the decision.

via ABC News|
#lawsuit#legal#negligence
labor-rights2 years ago

Governor Hochul Enacts Comprehensive Employee Protection Measures

New York Governor Kathy Hochul has signed a package of legislation aimed at protecting employees in the workplace. The bills include measures to prohibit employers from disciplining employees who choose not to participate in meetings about the employer's political or religious views, make wage theft a form of larceny with stronger criminal penalties, and increase minimum benefits for workers' compensation for low-wage workers who are injured and unable to work. Governor Hochul aims to establish the strongest and most robust worker protections in New York.

via Spectrum News|
#employee-free-speech#labor-rights#new-york
law-and-politics2 years ago

"Upcoming Changes: Tennessee's New Laws Effective July 1, 2023"

Several new laws will take effect in Tennessee starting July 1, including increasing death benefits in workers compensation claims, prohibiting the installation of vehicle immobilization devices on private property, granting immunity from prosecution for drug overdose, and increasing penalties for failing to move out of the way of stationary vehicles on roadsides. The laws also include prohibiting the sale of tattoo and body piercing paraphernalia to minors, and prohibiting bias or favoritism against student groups peacefully protesting or requesting guest speakers at institutions of higher education.

via WKRN News 2|
#higher-education#immunity#law-and-politics
education2 years ago

Virginia 1st-grade teacher shot by student resigns after being fired.

Abby Zwerner, the first-grade teacher who was shot by her 6-year-old student in Virginia, has resigned from her position. She had sued the district for $40 million, alleging that school officials ignored multiple warnings that the boy had a gun and was in a violent mood that day. The school board has pushed back, asking a judge to dismiss the case and arguing that Zwerner should get workers compensation instead. The boy who shot Zwerner had used his mother’s gun. His mother, Deja Taylor, pleaded guilty Monday in federal court to using marijuana while owning a firearm, which is illegal under U.S. law.

via KOSA|
#education#lawsuit#resignation
education2 years ago

Teacher Shot by 6-Year-Old Resigns from Virginia School District.

Abby Zwerner, the first-grade teacher who was shot by her 6-year-old student, has resigned from her job with Newport News Public Schools. Zwerner's lawyers claim that she has not been paid since February, and the school district tried to get her to take workers' compensation. However, NNPS says that Zwerner refused workers' compensation and exhausted all of her leave. Following the shooting, HR began processing workers' compensation for Zwerner, and she was on admin leave with pay until the workers' compensation payments began.

via News 3 WTKR Norfolk|
#abby-zwerner#education#newport-news-public-schools
labor-rights2 years ago

Grocery store clerk fired after multiple assaults at work.

A grocery store courtesy clerk in California was fired after he applied for worker's compensation following three assaults against him in less than three months while on the job. Austin Sherrell, 23, was employed at a Vons grocery store in Bakersfield for about three years before he was terminated. Sherrell's termination came after he claims he was assaulted twice near the store's dumpster and once inside the store. The United Food and Commercial Workers 8 Golden State President Jacques Loveall has claimed his termination was "unwarranted" based on the union's findings.

via Fox Business|
#assault#california#labor-rights
legal2 years ago

Virginia school board addresses lawsuit from teacher shot by 6-year-old student.

The Newport News School Board in Virginia has responded to a $40 million lawsuit filed by Abigail Zwerner, a teacher who was shot by a six-year-old student in January. The school board argues that Zwerner's injuries fall under the state's workers compensation act and cannot be addressed through her lawsuit. The board also rejected Zwerner's claim that she could reasonably expect to work with young children who pose no danger, pointing to numerous incidents of violence against teachers across the U.S. and in Newport News. Zwerner accuses school officials of gross negligence and of ignoring multiple warnings the day of the shooting.

via NBC News|
#lawsuit#legal#negligence