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Exclusivity Doesn't Prohibit Defamation Claims, High Court Rules

By Greg Jones (Senior Editor)

Thursday, May 10, 2018 | 0

An injury to a worker's reputation is not the kind of injury that is subject to the exclusive remedy of the workers' compensation law, the Hawaii Supreme Court ruled in overturning a six-year-old appellate court decision.  The ruling allows a worker to proceed with a lawsuit accusing her former employer of making false statements about her termination. “The purpose of the (workers’ compensation law) is to compensate employees for work-related physical and mental injuries,” the high court said in a decision published Tuesday. “The purpose of defamation and...

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