Show Notes
In this fascinating episode, explore how the Exclusive Remedy Rule works in the real and evolving world of Workers’ Compensation law. A recent case in Washington State, the Teela Bauer case, challenges the traditional exchange of employer civil protections for worker compensation in the case of workplace harm.
This is an interesting case as it involves an employee’s exposure to chemicals which may have led to the employee’s child’s birth defects. So, was there a workplace injury? Or is the company liable for something that went beyond the visible, definable workplace injury? Can the worker sue for something that may have started in the workplace but didn’t occur there? All good questions.
The unborn child didn’t work for the employer. The parent wasn’t physically injured in the traditional sense at the workplace. But the plaintiff asserts the chemicals used on the job led to biological damage that led to the birth defects of the conceived child. Now the question is whether the traditional Exclusive Remedy doctrine precludes the parents from bringing a separate lawsuit against the employer. It gets complicated in a hurry. The worker wasn’t visibly injured, but the non-employee child has suffered some harm.
Workers’ Compensation law is an ever-evolving thing. Cases occasionally challenge what we thought we knew. Will the Teela Bauer case change the Exclusive Remedy Rule? Will legislation follow? It’s fascinating.
If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at [email protected] or [email protected].
Referenced Links:
Teela Bauer ruling, Justia Law
“Boeing Must Face Negligence Claims Over Birth Defects of Employee's Child,” Courthouse News Service
“Workers’ Compensation: No Longer The Exclusive Remedy,” Pierce, Pierce & Napolitano
Foley v. Polaroid Corp, Justia Law
Anderson v. Cryovac, Inc., “the Woburn case,” Wikipedia
More from Workers Comp Matters
Artificial intelligence is all around us, in courtrooms, law offices, insurance claims processing, medical practices, and just about everywhere else. But what happens when AI makes its way into an actual Workers’ Compensation case. Today’s guest, Judge Frank McKay, is an appellate judge and a director of the Georgia State Board of Workers’ Compensation. This is a fascinating conversation on the cutting edge of Workers’ Comp management.
It’s been 25 years since 9/11. In this special episode, we revisit our conversation with Kenneth Feinberg, the architect of the federal compensation plan for victims and their families. As he asks in his book on the subject, “what’s life worth?”
Let’s go way down south to Alabama. As we know, Workers’ Compensation systems can vary from state to state. In this episode, we’ll explore the Alabama system with Birmingham-based Workers’ Comp attorney David Nomberg, a partner in the Nomberg Law Firm.
Let’s talk about work-related joint injuries and replacements. Sebastian Negrusa, Ph.D., joins Judson and Alan to share the Workers’ Compensation Research Institute’s (WCRI) new report, “Recent Trends in Joint Replacement Among Workers’ Compensation Claims.”
Sometimes the work done by law students can surprise everyone. This episode may shock you. Continuing a tradition, we honor the annual winner of the John F. Burton Jr. College of Workers’ Compensation Lawyers Law Student Writing competition. This year, guest Roxanne Mosley is the winner with her findings in “The Uncompensated Risk: Federal Workers’ Compensation and the Human Toll of the Weaponized Shutdown.”