FACT PATTERN: Ms$.$ Sanders was shot by her student and suffers permanent injuries. Ms$.$ Sanders filed a million$-$dollar personal injury lawsuit against the Lincoln County School System over claims of negligence by school administrators. Ms$.$ Sanders alleges that the School System ignored warning signs and were aware of the student's "history of random violence."

The Lincoln County School System has filed pleadings requesting the Court dismiss the lawsuit stating that Ms$.$ Sanders case is limited to the damages allowed under the workers compensation law which was much more limited than in a negligence lawsuit. Under the works compensation laws, an employee cannot receive pain and suffering, disfigurement or damages for loss of enjoyment of life under workers compensation law. The Court determined that the Plaintiff teacher's injuries did not arise out of her employment" and therefore did not "fall within the exclusive provisions of workers' compensation coverage."

Under Chapter $13,$ what are the requirements for an injury to be covered under the workers' compensation law?

a$.$ What does "arise out of$"$ and $"$in the course and scope of "employment mean under the workers compensation laws?

b$.$ Research the remedies or damages available under Tennessee Workers Compensation Law.

c$.$ Research the remedies available under a negligence or personal injury lawsuit.

In the second part, you represent Ms$.$ Sanders. Argue why Ms$.$ Sanders should be allowed to continue with her negligence personal injury lawsuit. In other words, argue why Ms$.$ Sander's injury did not "arise out of$"$ AND "the course and scope" of employment.

In the third part, you represent Lincoln County School System. Argue why Ms$.$ Sanders should be not allowed to continue with her negligence lawsuit and that Ms$.$ Sander's damages are limited to those under the workers compensation law. In other words, argue why Ms$.$ Sander's injury "arose out of$"$ AND "the course and scope" of employment.

Assume the Court rules that Ms$.$ Sander's claim falls under the workers compensation law. Discuss your opinion.

Assume the Court rules that Ms$.$ Sander's claim does not fall under the workers' compensation law, and she can proceed with her personal injury lawsuit. Discuss your opinion.

Set forth the provision and requirements of OSHA Section $5($a$)($General Duty Clause, Statute $654)$ listed in Chapter $16.$ You represent Ms$.$ Sanders. Argue that Lincoln County School System violated Section $5$ General Duty Clause.

In $2023,$ California passed a new law requiring employers to adopt workplace violence prevention plans. The new California law is the first to apply such requirements.

a$.$ Assume you own a small business of $30$ employees. Choose $3$ requirements of this law. Discuss each requirement separately and discuss how you would implement that part of the law.

b$.$ What companies are obligated to follow this law.

c$.$ When will the law become in effect?

d$.$ What is your opinion of this law from an employee's perspective. Discuss

e$.$ What is your opinion of this law from a small business owner's perspective. Discuss

f$.$ The U$.$S$.$ Occupational Safety and Health Administration $($OSHA$)"$is currently pursuing steps for adopting a similar standard for health care and social assistance industries nationally. This would be a federal requirement and thus apply to companies nationwide. Discuss your opinion regarding whether OSHA should adopt such a standard.