Workman Compensation, health and medicine homework help

On a day off from work, an employee visited the store at which she was employed for the purpose of signing a sympathy card for a coworker. While talking with coworkers at the back of the store, a shelf gave way and began to fall over. The employee grabbed the shelf to stop it from falling. In the process of helping to hold up the shelf, the employee severely injured her back. It was determined later that the shelf fell over because it had been improperly braced when it was put up by the employer. The employee sued for negligence, while the employer maintained that Workers’ Compensation was her exclusive remedy.

1.  What should the court decide?

2.  Why?

Source: (Wright v. Beverly Fabrics, 95 Cal. App. 4th 346 (2002); review denied, 2002 Cal. LEXIS 3206).

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