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Exclusivity and Timeliness Barred Nurse's Personal Injury Claim Against Veterans Home

By WorkCompCentral

Friday, January 22, 2016 | 0

A California appellate court ruled that a nurse's claim for injury arising from her exposure to second-hand smoke while working as a nurse at a veterans home must be brought through the workers' compensation system, not as a civil suit. Case: Medina v. State, No. A141235, 01/08/2016, unpublished. Facts: Cynthia Medina worked as a nurse at the Yountville Veterans Home of California for 20 years, between 1990 and 2010. Medina claimed she encountered second-hand smoke for approximately 30 to 45 minutes per day at the facility. She said veterans were allowed to smoke anywh...

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