Lawsuit against Harvard for workplace assault dismissed

A Middlesex County Superior Court judge dismissed an employee’s lawsuit against Harvard University. Beth A. Isabelle, a librarian, was assaulted on September 18, 2001 but did not file the lawsuit until three years after the event took place, a day before the three-year statue of limitations expired. Isabelle reports continued problems such as neck pain and headaches that renders her unable to even fold laundry. Her claim is that the University did not tell her that she was required to file an accident report, failed to provide ergonomic accommodations, and led her astray about her rights and responsibilities under workers’ compensation rules. The employee was awarded an $11,000 settlement in September 2002 but is appealing the decision to seek further damages. The University’s motion to dismiss the suit argues that Worker’s Compensation Act is the sole source of remedy for claims such as this and cannot be pursued through civil suits.