Ark. court affirms $50M verdict for rice farmers

National News

The Arkansas Supreme Court on Thursday affirmed a nearly $50 million verdict for farmers who say they lost money because a company's genetically altered rice seeds contaminated the food supply and drove down crop prices.

Bayer, the German conglomerate whose Bayer CropScience subsidiary produced the seeds, had argued that Arkansas tort laws set a limit on punitive damages and that courts should set aside jury awards that "shock the conscience." In the April 2010 verdict, a Lonoke County jury awarded $42 million in punitive damages and $5.9 million in actual damages.

The company said a lower court erred last year in ruling that a cap on punitive damages is unconstitutional.

But in its 24-page opinion released Thursday, the state Supreme Court agreed with the lower court that the cap on punitive damages was unconstitutional. Associate Justice Courtney Hudson Goodson wrote that the cap "limits the amount of recovery outside the employment relationship," while the Arkansas constitution only allows limits on compensation paid by employers to employees.

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Does a car or truck accident count as a work injury?

If an employee is injured in a car crash while on the job, they are eligible to receive workers’ compensation benefits. “On the job” injuries are not limited to accidents and injuries that happen inside the workplace, they may also include injuries suffered away from an employee’s place of work while performing a job-related task, such as making a delivery or traveling to a client meeting.

Regular commutes to and from work don’t usually count. If you get into an accident on your way in on a regular workday, it’s probably not considered a work injury for the purposes of workers’ compensation.

If you drive around as part of your job, an injury on the road or loading/unloading accident is likely a work injury. If you don’t typically drive around for work but are required to drive for the benefit of your employer, that would be a work injury in many cases. If you are out of town for work, pretty much any driving would count as work related. For traveling employees, any accidents or injuries that happen on a work trip, even while not technically working, can be considered a work injury. The reason is because you wouldn’t be in that town in the first place, had you not been on a work trip.

Workers’ compensation claims for truck drivers, traveling employees and work-related injuries that occur away from the job site can be challenging and complex. At Krol, Bongiorno & Given, we understand that many families depend on the income of an injured worker, and we are proud of our record protecting the injured and disabled. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.

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