February 16, 2011 Articles

HIV, AIDS, and Barring Discovery

Jessie ZaylĂ­a

It is difficult to rejoice when an appellate court rules in your favor if the rationale behind the ruling is faulty. In defense of workers' compensation, Children's Hospital & Research Center Oakland v. McKnight (McKnight) is such a case. Although the case is unpublished and, hence, cannot be cited, unpublished cases may foreshadow trends that develop into precedent. When such cases involve marginalized groups, it behooves us to pay attention.

The facts in McKnight can be summarized as follows: McKnight was employed with the Children's Hospital & Research Center as a specialist in infant development between November 1981 and June 1999. Specifically, McKnight worked in the hospital's Parent Infant Program. Though the program did not provide medical treatment to children, it did provide services to children three years old and younger with developmental disabilities. Part of McKnight's duties included visiting children in their homes and supervising the children in groups.

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