Judy v. Hanford Environmental Health Foundation

Mary E. Judy sued her employer and an occupational health organization for injuries sustained on the job. The questions presented are whether the failure to inform her of her physical limitations following a negative physical capacities evaluation amounted to a deliberate injury on the part of her employer or a breach of the duty of care by the physician responsible for her occupational evaluation. We conclude that the employer’s conduct, while arguably negligent, did not meet the certainty threshold required by Birklid v. Boeing Co.1 We also conclude that the Hanford Environmental Health…