Fixit Co ,A Four-Person Business,employs Wesley as a Full-Time Mechanic

question 71

Multiple Choice

Fixit Co. ,a four-person business,employs Wesley as a full-time mechanic.One day while welding a frame modification on a sports car,Wesley paid no attention to a clearly visible oil leak dripping from the engine compartment of the car.The welding torch ignited the oil causing a fire in which Wesley was badly burned.Which of the following BEST describes the rights of the parties?

• A) Fixit is liable to Wesley under a workers' compensation statute despite the fact Wesley may have been contributorily negligent when he ignored the oil leak.
• B) Wesley cannot recover workers' compensation since federal law requires that an employer have at least 15 employees before he must provide workers' compensation benefits.
• C) Fixit is not liable to pay Wesley workers' compensation since Wesley fell below a recognized standard of care by auto mechanics.
• D) Wesley cannot recover workers' compensation benefits,but can sue Fixit for failing to provide a safe working environment.

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Definitions:

Persistent Vegetative

A medical condition characterized by a patient's loss of higher brain functions but retaining some autonomic functions and continuing to live with life support.

Deliberate Act

An action performed intentionally or with careful consideration.

Irreversible Cessation

The permanent end of an activity or function, such as life, signaling no possibility of revival or continuation.

Brain Functions

The activities carried out by the brain that enable thought, behavior, perceiving, feeling, and actions, including cognitive and emotional functions.