Battered Nurse’s Aide Restricted to Workers’ Comp

By: Cal-OSHA

SAN DIEGO - A sometimes combative old lady with Alzheimer's, known to pose a "high risk for injury," struck out at Herrle, a nurse's aide, and shattered her jaw. The convalescent hospital that employed Herrle furnished workers' compensation. The patient having died, Herrle sued Estate of Marshall for personal injury damages.A retired Orange County Superior Court judge heard the case and dismissed both the aide's and the insurer intervenor's claims against the estate. They appealed.The Fourth C

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