IBM Employees Cashing In Their Chips For Claims By Robert Warne - October 15, 2003
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Two former IBM employees will be going to court this week in an effort to pick the exclusive remedy lock of Title 8 with their high tech claims.
The two filed their suit in 1998, which alleges IBM’s staff doctors failed to warn them that the symptoms exhibited by their illnesses could have been a result of chemical poisoning.
James Moore and Alida Hernandez both believe that they developed cancer after handling dangerous chemicals at a disk drive manufacturing plant in San Jose.
To successfully maneuver around the workers’ compensation system, Moore and Hernandez will need to prove that IBM doctors knew they were ill, concealed it and didn’t warn them that further exposure would make them worse.
They will also have to prove that the types of cancer they developed are directly linked to their chemical exposure at work.
Reportedly there are more than 200 similar claims pending in the courts that target the semiconductor industry.
The outcome of the case could ultimately determine the scalability of similar cases and influence how many more people will be able to login their claims and tap into the legal bandwidth being utilized against the semiconductor industry.
As it currently stands IBM and National Semiconductor are the two big chipmakers that will be receiving the bulk of the hits if Moore and Hernandez are successful in Santa Clara Superior Court.
Adjuster / Examiner Claims Examiner Santa Ana Unified School District Santa Ana, CA
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