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Employee Can Sue for Workplace Harassment Despite Signing a Workers' Comp Release

机译:Employee Can Sue for Workplace Harassment Despite Signing a Workers' Comp Release

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摘要

When employers settle workers' comp claims they frequently attempt to have the employees sign a comprehensive release form that releases "all claims and causes of action." But can such a release for a single workers' comp injury claim also release any and all claims that fall outside the workers' compensation system? The California State Supreme Court rules an emphatic no, but it does tell employees how to do it correctly-use a separate settlement and release. From February 1995 until her resignation in September 1997, Carolyn Claxton worked as an office assistant for defendant Pacific Maritime Association. Claxton's supervisor was Ray Waters. On December 16,1997, Claxton filed a claim with the Workers' Compensation Appeals Board (WCAB) against Pacific Maritime for an injury to her "left lower extremity and psyche" from a slip and fall on May 7,1997. On January 16,1998, Claxton filed a second and separate workers' compensation claim against Pacific Maritime for injury to "psyche due to sexual harassment."

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