Court Says Abuse Claim Not Barred by Exclusive Remedy
- A New York appeals court on July 8 refused to dismiss sexual abuse claims against the White Plains Public School District and its Board of Education on workers’ compensation exclusivity grounds.
- The case concerns a former school district employee who sued in July 2023 under New York’s Adult Survivors Act, alleging he was sexually abused by the district’s then-superintendent, and brought claims for negligence, negligent hiring/retention/supervision, negligent infliction of emotional distress, and punitive damages.
- The district and board argued workers’ compensation was the employee’s exclusive remedy, but the court found they failed to establish they maintained workers’ compensation insurance during the relevant period or that the employee had received comp benefits for the alleged injuries.
- Despite rejecting the workers’ comp argument, the panel still dismissed portions of the negligence and negligent hiring, retention, and supervision claims tied to conduct before the employee’s disclosure of the abuse, while claims based on conduct after the disclosure survived.
Fire District Wellness Program Aims to Reduce Injuries, Workers’ Compensation Costs
- The Truckee Meadows Fire Protection District’s new health and wellness program, which gives firefighters immediate access to physical therapy and strength training, may already be reducing injuries and workers’ compensation costs, according to a presentation to the district’s Board of Fire Commissioners.
- Physical therapist Brian Fisher said firefighters frequently suffer strains, sprains, and overuse injuries that can lead to expensive workers’ compensation claims, surgeries, and extended rehabilitation, and the program is designed to catch these issues before they escalate into costly claims.
- Fisher estimated the program prevented enough workers’ compensation claims and missed shifts to save the district roughly $250,000 over the past fiscal year, after treating 77 firefighters for injuries.
- Fire Chief Richard Edwards directly tied the program to the district’s efforts to stabilize and potentially reduce its rising workers’ compensation rates and costs amid tightening budgets.