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Exclusive Remedy Barred Janitor's Wrongful Death Suit

Tuesday, February 19, 2013 | 0

The exclusive remedy of workers' compensation barred a civil suit on behalf of a deceased janitor because the plaintiffs could not show that the employer actually intended to injure the janitor, according to a decision from the Tennessee Court of Appeals. Case: Rodgers v. GCA Services Group, No. W2012-01173-COA-R3-CV, 2/13/13, published.Facts: Joan Moody, a long-time custodian for Westview High School, was required to disinfect and wipe visible mold spores off of the high school's walls in 1998. The problem began when the school's central air and heating system malfunctioned and fl...

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