Which of the Following Was the Result on Appeal in Delgado

question 8

Multiple Choice

Which of the following was the result on appeal in Delgado v.Phelps Dodge Chino Inc.,the case in which the plaintiff sued in tort seeking damages after her husband died from burn injuries he received after allegedly being required to perform a task in a smelting plant that would almost certainly cause serious injury or death?

• A) The case was dismissed because the plaintiff's only avenue or recovery was through the state workers' compensation system.
• B) The case was dismissed because the plaintiff was unable to prove that the employer actually required the work resulting in the injuries.
• C) The case was dismissed because it was determined that the employee's carelessness caused his injuries.
• D) The case was allowed to proceed because the employer's acts of willfully causing injury prevented it from relying on the exclusive nature of the workers' compensation system.
• E) The case was allowed to proceed only if the plaintiff could establish that the employer had been warned by the Occupational Safety and Health Administration regarding the dangers involved and wrongfully refused to remedy them.

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