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in order to prevail under the wca, iacampo must show that she suffered an “injury by accident arising out of and in the course of [her] employment.” the court does not agree with iacampo’s contention that her sexual harassment and discrimination constituted “accidental injuries” within the meaning of rhode island law.
the seminal case in this area is martone, supra. in martone, the plaintiff suffered “stress and anxiety” as a result of sexual harassment she suffered at the hands of her supervisor. six years later, the plaintiff suffered a heart attack. she filed a complaint with the department of human rights, and requested that the department investigate. the department subsequently issued a citation alleging that the plaintiff had been a victim of gender discrimination; the citation was dismissed. the plaintiff then filed a civil action for damages for the heart attack. the trial justice, after recognizing that the plaintiff was entitled to workers’ compensation for the heart attack, instructed the jury to consider whether the sexual harassment was a substantial causative factor of the heart attack. martone, 611 a.2d at 387. after a finding for the plaintiff on this question, the jury awarded damages of $19,000. id.
on appeal, the rhode island supreme court held that emotional distress resulting from a direct and unperceived physical assault on the employee was not a “personal injury” within the meaning of the wca. id. at 390. “it is not reasonable to conclude that the legislature intended to compensate an employee who suffers a compensable work-related injury for injury of some kind other than the injury to which the statute is addressed.
to study nature and to contemplate upon nature’s phenomena, that is a common affair; but to contrive such a moderate and convenient society, as that no mind should want occasion of withdrawing itself from the observance of common duties, seems to be the design of heaven in making all its creatures, even in the most delicate parts, conscionable and obedient to their usual and usual occupation. what our two natural deities, apollo and daphne, have been for their neighbors, that our market-work may be successful, this is the privilege of the poets. they are supposed to be, as is the poet – burns –
the merchants of the markets are like the traders in the sea. they tell the lives of each other, and that is their history; no other art is capable of telling it. whom, if not in the time of the market, should you acquaint yourself with, but your customers? as we lie one in bed talking to our wife, and another at work, so we ought to be talking with our customers.
whenever a worker is injured or sustained damage by an accident in the course of and as a result of the worker’s employment, the worker.. may not proceed against the third party, whether an employee of the worker or a third person.
the court respectfully believes that “disability” and “disability discrimination” cannot stand on equal footing with “accidental injury” and “accidental injury discrimination” in the context of the wca. that section does not provide for the difference. moreover, by labeling her illness and disability discrimination, the plaintiff has appeared to pursue relief not only under fepa, but also under ricra. because her allegations of disability discrimination arose during the same timeframe as her allegations of sexual harassment, it is not clear to the court what she would add to the limited statutory scheme established by the wca. but this court is bound to follow rhode island law, and under rhode island law the court will not consider disability as a category separate and apart from disability discrimination. iacampo’s complaint was filed as a collection analyst before hasbro acquired old lady’s steak house. had iacampo worked in that particular job prior to acquisition, her claims of disability discrimination arising from workplace sexual harassment would have been covered by the wca. accordingly, to the extent that iacampo’s disability discrimination claims seek relief that is specifically not provided for under the wca, those claims are preempted by the exclusive remedy provision of the wca.
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