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Sales Insights. More Businesses Like this. IPT Global. Tracer Industries. Walter Machine Co Inc. Other Businesses Nearby. Cities Service Co. The overwhelming weight of authority from other jurisdictions is that the common law liability of the employer cannot be stretched to include accidental injuries caused by the gross, wanton, willful, deliberate, intentional, reckless, culpable, or malicious negligence, breach of statute, or other misconduct of the employer short of genuine intentional injury.
This view is endorsed by Larson who states:. Several courts have held that the intentional failure to provide a safe workplace does not constitute an intentional injury in order for the claimant to escape worker's compensation limits. Griffin v. George's, Inc. Contra Costa Superior Court, 27 Cal. Amoco Chemicals Corp. Fowler, Ga. District Court, P. Southeast Distributors, Inc. See McCoy v.
Liberty Foundry Co. Reyes, 75 Nev. Queen, S. Moreover, the intentional modification or removal of safety controls or guards is not the equivalent of an intentional injury. Rosales v. Verson Allsteel Press Co. Brill Monfort Co. Fred Meyer, Inc. Allsop Automatic, Inc. The intentional violation of a safety regulation does not authorize recovery beyond that provided by workers' compensation statutes.
Williams v. International Paper Co. Perry Packing Co. Hooker Chemical and Plastics Corp. Barclay, P. Allentown Portland Cement Co. Even the intentional failure to train an employee to perform a dangerous task does not constitute an intentional injury.
Law v. Dartt, Cal. See Kittell v. Vermont Weather Board, Inc. Requiring an employee to work long hours is not tantamount to an intentional injury. Lemaire v. Younger Transp. While these results may seem harsh, as Larson points out, it is not the gravity or depravity of the employer's conduct but rather the narrow issue of intentional versus accidental quality of the injury. The exclusive remedy provision is an essential element of the worker's compensation scheme.
The Act established a system of liability without fault. In exchange, the employee had to give up certain elements of damage recoverable under common law negligence. The system balances the advantage to employers of immunity from negligence and potentially larger recovery in common law actions against the advantage to employees of relatively swift and certain compensation without proof of fault.
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