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Nassa v. Hook-SupeRx

2/15/2002

uch an injured employee. Under these circumstances, the employee is free to bring a defamation suit at common law to redress such wrongs.


Conclusion


Under ยง 28-29-20, the WCA's exclusive-remedy provision bars an independent lawsuit only when an employee suffers "an injury under chapters 29--38 of this title." (Emphasis added.) Injury to an employee's reputation, however, is not one of the injuries for which compensation is available "under chapters 29--38 of this title ." Section 28-29-20. Thus, the WCA does not bar a defamed employee from prosecuting a common-law claim seeking damages for an alleged injury to his or her reputation. For these reasons, we sustain Nassa's appeal, vacate the dismissal order and Rule 54(b) judgment of the Superior Court, and remand the case for further proceedings consistent with this opinion.


JUSTICES: Williams, C.J., Lederberg, Bourcier, Flanders, and Goldberg, JJ.






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