NEWPORT NEWS, Va. — Abby Zwerner's attorneys said a newly filed workers' compensation claim on their client’s behalf is normalizing violence against teachers.
Newport News Public Schools administrators filed the claim on Friday, almost one year to the day that a 6-year-old shot Zwerner in her classroom. It comes as the former teacher has a $40 million lawsuit against the school division.
13News Now Legal Analyst Ed Booth said he doesn’t usually see employers file for their employees.
“I mean, it is not apples and oranges exactly, but it is definitely different,” Booth said.
In November, a Newport News Circuit Court judge gave Zwerner the green light, ruling her injuries did not fall within the exclusive provisions of workers comp coverage.
On Friday, the school system's attorney Anne Lahren said research found there is legal authority to file the claim.
“It has been one year tomorrow since Abigail Zwerner was shot in her classroom by a six-year-old student. She has recently given interviews expressing worry about medical expenses arising from her injuries, all of which would be covered for her lifetime by workers’ compensation benefits. There is a two-year statute of limitations for seeking these benefits. We do not want to see these significant benefits jeopardized by letting the deadline for filing lapse. We firmly believe that the Workers’ Compensation Commission is the correct forum to determine this case, not the Circuit Court. Accordingly, on behalf of Newport News Public Schools, we filed a claim earlier today for benefits for Abigail Zwerner arising from her workplace injuries and requested a hearing before the Workers’ Compensation Commission. In that filing, we are requesting that Abigail Zwerner be awarded full benefits, including lifetime medical benefits, which she can receive immediately following such award, and maximum wages allowed under the Workers' Compensation Act.”
Zwerner’s attorneys fired back.
"Once again, the Newport News public school system tries to force school teachers to accept violence as a normal requirement for teaching our young children. They try to cloak themselves with fairness for Abby Zwerner by forcing her to accept workers' compensation, which is nothing more than normalizing violence against teachers. The trial court was correct that the Newport News public school system cannot claim that a teacher being shot by her 6-year-old student is a hazard of the job. The school board is hiding behind workers' compensation to avoid their responsibility to correct the problem. The Newport News school board continues to insult not just the public, but every hard-working teacher in Newport News."
-Attorneys Diane Toscano, Jeffrey Breit, and Kevin Biniazan
Booth said no matter what the Worker’s Compensation Commission rules, that decision should remain separate from Zwerner’s lawsuit.
“I fully anticipate the plaintiff would be arguing that regardless what the workers compensation commission may do or not do, they have an independent claim that is proceeding in the circuit court and the trial court has ruled that they can do that,” Booth said. “So there is a sort of apples and oranges argument. Whereas we might hear from the defense, well no, because the workers compensation commission is hearing this claim, that is the sole remedy and that may be the argument that they make. But ultimately, I think that probably an appellate court is going to be taking a look at a lot of this.”
At the November hearing, Anne Lahren, the attorney representing the school division, said she planned to appeal the judge’s decision to allow Zwerner's lawsuit to move forward. On Monday she said they are still waiting for permission to appeal and hope to hear an update later this month.
A tentative trial date for Zwerner's lawsuit is scheduled in 2025.