The school board maintained that Zwerner’s injuries were directly related to her job and therefore covered under workers’ compensation.
Zwerner’s attorneys countered that workers’ compensation doesn’t apply because a first-grade teacher would never anticipate getting shot: "It was not an actual risk of her job."The classroom shooting by a first-grader revived a national dialogue about gun violence and roiled this military shipbuilding city near the Chesapeake Bay.
Police have said the shooting was intentional. Zwerner claims school officials knew the boy "had a history of random violence" at school and home, including when he "choked" his kindergarten teacher. "It was not until the student was back in classroom that he decided to fire it once, striking ," Judge Hoffman wrote. "He did not at any time threaten any other student, teacher or administrator at the school with a firearm."
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