Employer Liability Under the Third Party Provision of the Washington Industrial Insurance Act: The Dual Capacity and Dual Persona Doctrines in \u3cem\u3eEvans v. Thompson\u3c/em\u3e

Most workers\u27 compensation schemes are designed to provide a swift and sure source of benefits to injured workers by placing on employers the risks and burdens of modern industry. In keeping with this policy, Washington\u27s Industrial Insurance Act2 (IIA) requires injured workers to relinquish the right to sue at common law for damages sustained on the job, and it requires employers to accept liability for a measure of damages set out by the statute. However, if a worker\u27s injuries are caused by the negligence of a third person who is not in the worker\u27s same employ, the IIA\u27s third-party provision allows the worker to pursue an independent cause of action against the third person in addition to his workers\u27 compensation claim. This type of third-party liability provision has prompted considerable debate as to whether an injured employee may ever sue his employer or a co-employee as a third-party tortfeasor. Attempts by injured workers to circumvent the exclusive remedy principle in this way have given rise to the dual capacity and dual persona doctrines, under which the employer or co-employees of an injured worker may be found independently liable for the worker\u27s injuries, regardless of whether the worker also recovered workers\u27 compensation benefits. These doctrines are premised on the concept that when an employer or co-employee also serves in a distinct nonemployment capacity toward the employee, or has a legal persona other than that of employer or co-employee, the exclusive remedy principle will not bar the employee\u27s common-law remedies. The application of the dual capacity and dual persona doctrines has an enormous impact on employers, particularly employers who run small businesses or closely-held corporations. For example, many individuals who serve as the sole shareholder, director, and officer of a small, closely-held corporation also, as individuals, own the land on which the corporation is located. Under a recent judicial decision in Washington State, these small businesses, and the individuals who run them, may be subject to a new threat of liability. This Note will first explain the structure of Washington\u27s IIA and the exclusive remedy principle. Next, it will explore the third-party provision of the IIA and the judicially-created doctrines that have made employers and co-employees vulnerable to tort suits by injured workers regardless of the exclusive remedy principle. Finally, this Note will discuss the Washington Supreme Court\u27s recent decision in Evans v. Thompson and argue that the court should not have allowed consideration of the dual persona doctrine on remand because the doctrine, if applied, will circumvent the exclusive remedy principle and put the landowners at unjustifiable risk of being held liable for workplace injuries

Employer Liability Under the Third Party Provision of the Washington Industrial Insurance Act: The Dual Capacity and Dual Persona Doctrines in \u3cem\u3eEvans v. Thompson\u3c/em\u3e

Most workers\u27 compensation schemes are designed to provide a swift and sure source of benefits to injured workers by placing on employers the risks and burdens of modern industry. In keeping with this policy, Washington\u27s Industrial Insurance Act2 (IIA) requires injured workers to relinquish the right to sue at common law for damages sustained on the job, and it requires employers to accept liability for a measure of damages set out by the statute. However, if a worker\u27s injuries are caused by the negligence of a third person who is not in the worker\u27s same employ, the IIA\u27s third-party provision allows the worker to pursue an independent cause of action against the third person in addition to his workers\u27 compensation claim. This type of third-party liability provision has prompted considerable debate as to whether an injured employee may ever sue his employer or a co-employee as a third-party tortfeasor. Attempts by injured workers to circumvent the exclusive remedy principle in this way have given rise to the dual capacity and dual persona doctrines, under which the employer or co-employees of an injured worker may be found independently liable for the worker\u27s injuries, regardless of whether the worker also recovered workers\u27 compensation benefits. These doctrines are premised on the concept that when an employer or co-employee also serves in a distinct nonemployment capacity toward the employee, or has a legal persona other than that of employer or co-employee, the exclusive remedy principle will not bar the employee\u27s common-law remedies. The application of the dual capacity and dual persona doctrines has an enormous impact on employers, particularly employers who run small businesses or closely-held corporations. For example, many individuals who serve as the sole shareholder, director, and officer of a small, closely-held corporation also, as individuals, own the land on which the corporation is located. Under a recent judicial decision in Washington State, these small businesses, and the individuals who run them, may be subject to a new threat of liability. This Note will first explain the structure of Washington\u27s IIA and the exclusive remedy principle. Next, it will explore the third-party provision of the IIA and the judicially-created doctrines that have made employers and co-employees vulnerable to tort suits by injured workers regardless of the exclusive remedy principle. Finally, this Note will discuss the Washington Supreme Court\u27s recent decision in Evans v. Thompson and argue that the court should not have allowed consideration of the dual persona doctrine on remand because the doctrine, if applied, will circumvent the exclusive remedy principle and put the landowners at unjustifiable risk of being held liable for workplace injuries

A Comprehensive Analysis on the Healthcare Systems in Latin America

This comprehensive report summarizes and analyzes the current state of healthcare in Latin America, specifically in the countries of Mexico, Brazil, the Northern Triangle (El Salvador, Guatemala, and Honduras), the Andean Region (Ecuador, Peru, and Bolivia) and the Rioplatense Region (Uruguay, and Argentina). Each country's healthcare system is examined in depth, in terms of health infrastructure, the healthcare providing industry, and the effects of healthcare on the countries' respective populations.Mosser, Michael W.International Relations and Global Studie

The DaveMLTranslator: An Interface for DAVE-ML Aerodynamic Models

It can take weeks or months to incorporate a new aerodynamic model into a vehicle simulation and validate the performance of the model. The Dynamic Aerospace Vehicle Exchange Markup Language (DAVE-ML) has been proposed as a means to reduce the time required to accomplish this task by defining a standard format for typical components of a flight dynamic model. The purpose of this paper is to describe an object-oriented C++ implementation of a class that interfaces a vehicle subsystem model specified in DAVE-ML and a vehicle simulation. Using the DaveMLTranslator class, aerodynamic or other subsystem models can be automatically imported and verified at run-time, significantly reducing the elapsed time between receipt of a DAVE-ML model and its integration into a simulation environment. The translator performs variable initializations, data table lookups, and mathematical calculations for the aerodynamic build-up, and executes any embedded static check-cases for verification. The implementation is efficient, enabling real-time execution. Simple interface code for the model inputs and outputs is the only requirement to integrate the DaveMLTranslator as a vehicle aerodynamic model. The translator makes use of existing table-lookup utilities from the Langley Standard Real-Time Simulation in C++ (LaSRS++). The design and operation of the translator class is described and comparisons with existing, conventional, C++ aerodynamic models of the same vehicle are given

Comparison of Macronutrient Loss from Human Milk Based onTube Feeding Method in the NICU Population: A Pilot Study

https://digitalcommons.psjhealth.org/stvincent-bootcamp/1008/thumbnail.jp

Tips & Tricks for Handling Difficult Requests

Presentation slides from panel presentation at the 2018 OCLC Resource Sharing Conferenc

Is Our Student Body Fit? A Comparison of Current Fitness Levels to Normative Data

Physical Activity (PA) among university students yields 40-50% participation and this statistic continues to make a steady decline. This has caused a widespread call to action for universities to provide resources and education to encourage students to increase physical activity. Prior to and during COVID-19 pandemic our student body reported decreased levels of PA. Amid the return to an in-person student life, many students have reported increased challenges in returning to fitness related activities. In tandem with our Exercise is Medicine-On Campus (EIM-OC) initiative, an interactive health fair open to the entire body of 4,495 students was held to address current physical fitness levels. PURPOSE: To examine physical fitness levels of students upon return to instruction practices for the 2021-2022 academic year. METHODS: Just 4% (N=220) of Barry’s students attended the health fair. Only 16% (N=37) completed some form of fitness testing, and only 10 (6 female, 4 male; age 24.3 ± 9.3) completed all 5 physical fitness assessments (i.e. muscular strength, muscular endurance, flexibility, body composition, cardiorespiratory endurance). Participants’ data were compared to normative data for their corresponding gender and age to assess current fitness level. RESULTS: Male and female participants overall excelled in cardiovascular fitness and muscular endurance, while body composition, flexibility and muscle strength ranged from fair to average. Females exhibited normal or average classifications across 4 of the 5 areas of testing. Males exhibited good classifications for body fat % and flexibility, and an excellent classification for muscular strength. CONCLUSION: Sample’s overall fitness levels were considered average to above average, but the small sample size does not allow for valid inferences. However, even though it was not the purpose of this study, the data collected highlight an important co-existing issue between college exercise education programs and their efficiency in marketing to their audience. Students were offered an abundance of free giveaways and other incentives for this event, yet the yield was only 4% of the student body. Further research is needed to determine the most effective forms of garnering increased participation in on-campus exercise education programs

Social Position Influencing the Water Perception Gap Between Local Leaders and Constituents in a Socio-Hydrological System

How well city leaders represent their constituents and meet their needs are key concerns in transitioning to local sustainable water governance. To date, however, there is little research documenting the influence of social position between elected leaders who make policy, career staff water managers who design and operate systems and implement policies, and the members of the public whose individual water use behaviors are important drivers of water sustainability outcomes. In this study, we ask: ‘‘How does social position explain variation in water perceptions and concerns between different actors in a sociohydrological system?’’ Using a mixed method approach with survey and interview data, we explore the ways that positioning within the governance system, geographic context, and citizen engagement in local government mediate perceptions of the urban water system. Regardless of local biophysical water supply conditions, residents showed most concern about future water shortages and high water costs, while their leaders were consistently most concerned about deteriorating local water infrastructure. Further, constituents who received water-related information directly from public utility mailings or served on community committees and boards had perceptions that were more aligned with leaders’ concerns. The importance of social structure over natural and built environments in shaping water issue perceptions underscores the value of social analysis in socio-hydrology studies. Further, practitioners looking to increase consensus for a transition to sustainable water governance might work to develop institutional mechanisms to increase opportunities for water user involvement in local water system governance