Case Briefs- Workplace and Marketplace Safety

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Unformatted text preview: that the employment exposed the employee to an identifiable condition that is not common and necessary to all or a great many occupations. Rule: Mental injuries are valid claims of workers’ compensation. Sunder v. Michael’s Stores (Independent party tort does not count under WC) This case concerns whether a child's action against her mother's employer is barred by the exclusivity provisions <when injured on the workplace, you cannot file a tort> of workers' compensation law when the child is injured in utero as a result of the employer's negligence. The holding was that independent parties can use tort and the fetus counts as an independent party. Panera Bread v. Industrial Claim Appeal Office (WC: Sufficiently incidental during course of employment) Injury occurring at jobsite during horseplay was compensable. Four- part test: 1. the extent an...
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