The patient bit the employee's hand.
The employee was still suffering from a previously sustained injury and had returned to work only because the employer required it.
The employee sued Dr. Brook, not as an employer, but as a professional veterinarian, claiming that he was negligent in his professional duties by forcing the employee to return to work and by not providing appropriate safety gear (gloves).
Fireman's Fund provided the professional liability coverage. It refused to provide defense or coverage for Dr. Brook on the basis that the act resulted from his role as an employer, not his role as a professional veterinarian.
Click here to review the court's decision in this cat bites person situation.