Domain: tiger-web1.srvr.media3.us Virginia school board says teacher shot by 6-yo should get workers' comp, not lawsuit $$$ | Page 4 | Political Talk
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re: Virginia school board says teacher shot by 6-yo should get workers' comp, not lawsuit $$$

Posted on 4/30/23 at 12:36 pm to
Posted by the808bass
The Lou
Member since Oct 2012
127470 posts
Posted on 4/30/23 at 12:36 pm to
He just has to take a position opposite the board to prove how much more he knows about the law, even when it’s counterintuitive to everything.

He’s a slightly more socially awkward SFP.
Posted by TDTOM
Member since Jan 2021
25588 posts
Posted on 4/30/23 at 12:39 pm to
quote:

He’s a slightly more socially awkward SFP.


I wish they would fight and both lose.
Posted by Lakeboy7
New Orleans
Member since Jul 2011
28324 posts
Posted on 4/30/23 at 12:43 pm to
That wont be hard to get out of comp.
Posted by Steadyhands
Slightly above I-10
Member since May 2016
7138 posts
Posted on 4/30/23 at 1:12 pm to
quote:

quote:
implies they think she was injured from a normal part of the job
this is not the standard for taking a claim outside workers comp


no shite, Sherlock. Glad you could enlighten us.
Posted by L.A.
The Mojave Desert
Member since Aug 2003
65956 posts
Posted on 4/30/23 at 1:20 pm to
quote:

The point is that she does not have a legal right to pursue a civil lawsuit, for a workplace injury…

This seems to be more than a "workplace injury." A lot more

quote:

absent “gross negligence“

From every account that I've read, proving gross negligence is going to be a slam dunk.

From ABC News:

quote:

Zwerner accuses school officials of gross negligence and of ignoring multiple warnings the day of the shooting.

Zwerner’s attorneys say school officials knew the boy “had a history of random violence” at school and at home, including an episode the year before when he “strangled and choked” his kindergarten teacher.

School officials sent the boy to another school, but allowed his return for first grade in fall 2022, Zwerner's lawsuit states. It said he was placed on a modified schedule “because he was chasing students around the playground with a belt in an effort to whip them,” and was cursing staff and teachers.

“Teachers’ concerns with John Doe’s behavior (were) regularly brought to the attention of Richneck Elementary School administration, and the concerns were always dismissed,” the lawsuit states.

quote:

Zwerner's lawsuit describes a series of warnings school employees gave administrators in the hours before the shooting, beginning with Zwerner, who told an assistant principal that the boy “was in a violent mood,” had threatened to beat up a kindergartener and stared down a security officer in the lunchroom.

Other warnings included those from two students, who told a reading specialist the boy had a gun in his backpack, the lawsuit states.

Zwerner said she saw the boy take something out of his backpack and put it into his sweatshirt pocket, the lawsuit said. A search of his backpack found no weapon. And the assistant principal said the boy's “pockets were too small to hold a handgun and did nothing,” Zwerner's lawsuit states.

abc news
Posted by oldskule
Down South
Member since Mar 2016
24222 posts
Posted on 4/30/23 at 1:22 pm to
She can take anything she pleases....

Another mental illness-gun related tragedy.

Mentally sound people are fine with guns, mentally ill people are not!
Posted by L.A.
The Mojave Desert
Member since Aug 2003
65956 posts
Posted on 4/30/23 at 1:26 pm to
`
This is the low-life assistant principal who ignored the pleas from concerned teachers over the violent actions of the little miscreant. Her name is Dr Ebony Parker. She was forced to resign in January


Posted by teke184
Zachary, LA
Member since Jan 2007
103422 posts
Posted on 4/30/23 at 1:39 pm to
IIRC, she was known to take any black kid tossed out of class for disciplinary issues, give them some candy, and send them back.

That opens up a whole kettle of fish as to WHY she did that, ranging from “I didn’t want black kids on the school to jail train” to straight up racism against the white teachers who weren’t putting up with the kid’s shite.


Problem kids like this not getting straightened out by a young age means they are fricked for life by about 3rd grade because they have no fricking clue how to act in polite society and any attempt to fix those issues gets a violent reaction because the problem isn’t the kid, it is the teacher, at least in the eyes of the kids and their parent(s). And not helped by the school administration being unwilling to discipline because it messes up their statistics if black kids or Latino kids get punished but not white or Asian kids.
Posted by L.A.
The Mojave Desert
Member since Aug 2003
65956 posts
Posted on 4/30/23 at 1:43 pm to
quote:

IIRC, she was known to take any black kid tossed out of class for disciplinary issues, give them some candy, and send them back.


Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
298305 posts
Posted on 4/30/23 at 1:45 pm to
quote:

Her name is Dr Ebony Parker


Probably the most entitled and self important human on the planet.
Posted by greygoose
Member since Aug 2013
14739 posts
Posted on 4/30/23 at 10:44 pm to
quote:

Like most gun criminals, he stole it
You mean, he picked it up off the nearest end table after finishing his Cheerios and getting on th school bus?
Posted by AwgustaDawg
CSRA
Member since Jan 2023
13786 posts
Posted on 5/1/23 at 7:17 am to
quote:

I’m not so sure. School administrators had been warned multiple times that the kid had a gun and sat on their crusty unwashed asses. It’s about as egregious as you can get.


Workers comp legislation has NEVER been about improving the safety of work places...it has ALWAYS been about limiting the exposure of employers if an employee is injured on the job...I suspect that her suing the school district will be severely impacted by the workers comp system. It is nearly impossible for an employer to be negligent in a work place accident to the point that the injured party can successfully sue outside of the workers comp system. It rarely happens...
Posted by trinidadtiger
Member since Jun 2017
19397 posts
Posted on 5/1/23 at 7:31 am to
quote:

Workers comp legislation has NEVER been about improving the safety of work places...it has ALWAYS been about limiting the exposure of employers if an employee is injured on the job...I suspect that her suing the school district will be severely impacted by the workers comp system. It is nearly impossible for an employer to be negligent in a work place accident to the point that the injured party can successfully sue outside of the workers comp system. It rarely happens...


I see your point, but there are several asbestos lawyers that would disagree with you, Im just sayin.....

And Id dare say being shot is a wee bit more impactful to the jury pool.
This post was edited on 5/1/23 at 7:35 am
Posted by SantaFe
Baton Rouge
Member since Apr 2019
7754 posts
Posted on 5/1/23 at 7:36 am to
Talk about narrow vision with blinders on.

If this was your Mom, Wife, or daughter you would most likely think differently.

If this were my Mom, wife or daughter I would be suing for $999 million.

Also where is this boy shooter at today? He sounds like a dangerous fellow .
Posted by AwgustaDawg
CSRA
Member since Jan 2023
13786 posts
Posted on 5/1/23 at 8:43 am to
quote:

I see your point, but there are several asbestos lawyers that would disagree with you, Im just sayin.....

And Id dare say being shot is a wee bit more impactful to the jury pool.


I agree 100% with the getting shot thing...it and the publics knowledge of the incident will mean an insurance carrier is going to have to go beyond the allowable limits in this case.

The asbestos lawyers have sued and won against the manufacturers of a product known to the manufacturer for years to be harmful to the health of human beings and the manufacturers played that danger down our outright lied about it. They aren't suing and winning suits against employers whose workers were and are exposed to asbestos outside of the damages suffered by occupational exposure and within the limits of the workers comp system (say $50K for loss of a lung or something along those lines). The employers exposure us limited by workers comp laws...the manufacturers have no similar protections.
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