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Educators ‘outraged’ after attorneys argue 1st-grade teacher shot in school is ‘workplace injury’ (www.denverpost.com)

submitted 1 year ago by DevCat to c/[email protected]

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cross-posted from: https://lemmy.world/post/3089104

NEWPORT NEWS — The Newport News Education Association President condemned the premise of the school division’s motion to dismiss Abigail Zwerner’s pending $40 million lawsuit.

The motion was filed last week by attorneys representing the School Board and argues that Zwerner, who was shot in her classroom at Richneck Elementary in January by a 6-year-old student, is only entitled to file a worker’s compensation claim because the injury she sustained from the shooting is a “workplace injury,” and that the shooting was a hazard of the job.

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[–] [email protected] 5 points 1 year ago

I read a little more about it. They are saying that she was entitled to claim workman's comp, but refused to do so. She has thus far refused benefits to which she was/is entitled.

Their theory is that whatever damages are eventually assessed in this case should not include the benefits she is entitled to receive separate and apart from the case. This would be important if she is awarded triple damages, for example. They are effectively arguing that the medical bills shouldn't be tripled, even if every other claim is.

It's a technical point, but likely a solid one.