Too Late to Reboot a Work Comp Claim? By Robert Warne - February 26, 2004
The jury for the case of the two retired IBM employees with cancer determined today that the chipmaker wasn’t liable for their condition.
The Silicon Valley trial, which began in October, pushed the envelope of exclusive remedy because instead of filing a work comp claim the employees opted for a civil forum.
James Moore and Alida Hernandez thought that they had a strong enough case to prove their cancers were directly linked to their jobs at IBM. They also thought they could convince the court that IBM’s doctors knew they were ill and failed to warn them.
According to the Associated Press the jury deliberated for less than two days before clearing the computer giant of claims that the harsh chemicals used in the factory contributed to the workers' disease.
Today’s verdict takes the steam out of over 200 similar claims against IBM and other chipmakers.
Adjuster / Examiner Claims Examiner Santa Ana Unified School District Santa Ana, CA