NO PEACE, NO MCNUGGETS AT A MCDONALDS: INJURED WORKER IN THE NEWS, #33

There was no “Happy Meal” at a Boston McDonalds when minors allegedly terrorized the store.  The minors alleged conduct was so horrible that the Manager closed the restaurant.

It is alleged that these minors threw rocks and water bottles as customers and employees.

It is reported that “[a]fter the worker tossed a cup of Coke that got on one of the kids’ jeans, the group ran inside to look for the employee. That’s when one of the juveniles is accused of striking the employee “with a closed fist, causing a bump underneath (their) left eye,” the police report states. Boston EMS evaluated the worker, who refused to be transported to the hospital.” Bostonherald.com

This case will be analyzed under California Workers’ Compensation Law.

If the Worker Tossed the Cup of Coke, and Started the Incident, Would That Impact A Workers’ Compenation Claim?

Maybe. Labor Code Section 3600(a) (7) provides “[w]here the injury does not arise out of an altercation in which the injured employee is the initial physical aggressor.” This is a factual determination.  Prior to the coke cup toss by the Injured Worker, the minors may have already been throwing objects at the worker.  Thus, the minor may be considered as the initial aggressor.  Otherwise, the fact that the minor entered the store to search out the employee may give rise to that event as the initial physically aggressive act.  Alternatively, the tossing of the drink may not be ruled as to constitute a physical act.  Further, the nature of the physical injury may give rise to dismiss the initial aggressor defense.  A closed fist blow is truly a physical act as opposed to a tossed drink that got the minor’s pants.

If The Worker Initially Declined Medical Attention, Would That Impact A Workers’ Compensation Claim?

No.  There is no need to accept immediate medical attention.  Employers initially have medical control rights.  In this instance, McDonalds was responsible to provide the initial medical treatment.  At the time of the injury, the fact that the Injured Worker declined to go to the hospital would not bar the claim.  The Injured Worker, if they were in need of treatment, would be obligated to initially request treatment from McDonalds.

What If I Need Advice?If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

depressed woman sitting on the floor of a dark room

DID JOURNALIST DEVELOP WORK- RELATED PTSD? INJURED WORKER IN THE NEWS # 32

A Washington Post Journalist on a MSNBC Meet the Press TV Broadcast revealed that“online harassment targeting her and her family caused her to experience “severe PTSD” and contemplate suicide in the recent past.”   “The MSNBC coverage aimed to detail brutal harassment faced by female journalists — noting data that showed 73% reported experiencing online attacks while doing their jobs.”It is reported that, after the broadcast, she has faced “even worse” treatment the segment.  She reported “If your segment or story on ‘online harassment’ leads to even worse online harassment for your subjects, you f—ed up royally and should learn how to cover these things properly before ever talking about them again.” nypost.comThis fact pattern is interesting with respect to the issue employer notification of injury.   Also, it is important with respect to issues of causation and apportionment.

Can This Journalist’s Television Interview Constitute Notice of Claim?

Possibly.  First, if the interview connected the PTSD to her job, it could constitute a connection of the PTSD to her work duties.   Second, her employer would have had watched the program.   If she had expressed connection, ie my job gave me PTSD, and her boss watched the program, there would be notice of a claimed injury for which her employer should notify their workers’ compensation carrier and provide the journalist a claim form.

This action is based upon Labor Code Section 5402, which provides “(a) Knowledge of an injury, obtained from any source, on the part of an employer, his or her managing agent, superintendent, foreman, or other person in authority, or knowledge of the assertion of a claim of injury sufficient to afford opportunity to the employer to make an investigation into the facts, is equivalent to service under Section 5400.”

Why Is Notice of Injury Important?

Under Labor Code Section 5402(b) “If liability is not rejected within 90 days after the date the claim form is filed under Section 5401 , the injury shall be presumed compensable under this division.  The presumption of this subdivision is rebuttable only by evidence discovered subsequent to the 90-day period.”

If The Journalist Didn’t Really Have PTSD, Would It Matter?

No.  Notice of claimed injury is about a “claimed” injury.  It is not about an actual injury.  Thus, a “claimed injury” whether actual or not is the basis for which a claims’ file should be opened.  At that point, it is the Workers’ Compensation Carrier which must investigate.

What If I Need Advice?If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

denied work injury claim

INJURED WORKERS, CHART NOTES,  AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Injured Workers prove up their workers’ compensation claims with evidence.   Within workers’ compensation, medical evidence gathered and to be persuasive must be within the evidentiary burden of “reasonable medical probability.”  “Reasonable medical probability” is a more likely than not burden, or beyond 50 percent likelihood.

Medical Records are evidence which can assist in proving a claim. They can contain X-Rays, MRI Studies and Blood Tests.  Medical Records also contain “Chart Notes.”

This article will article will discuss the section of “Chart Notes” which is called SOAP notes and how they can impact a workers’ compensation claim. This discussion is based upon my experience of discussing these records with Injured Workers as opposed to that of a medical professional.

Medical Professionals can use a SOAP format within Medical Charts. SOAP stands for Subjective Data, Objective Data, Assessment Data, and Plan.

Subjective Data: This is information taken from patient.   Subjective Data, in other words, is what the “patient” says.

A big issue for Injured Workers is “what did they tell the medical professional?” and “what did the medical professional take down?”   Does the Subjective Date match up with the Injured Worker’s interaction with the Medical Professional?  Clinical Medical situations can vary.   Some medical professionals take the time to write down or notate everything the patient says.   Other professionals do not do so.  They may be focused on the reason that the patient was sent there.  For example, “you were sent here for your right shoulder, I don’t want to hear about your left hand” is something that a medical professional might say to a patient. In my practice, I have been told by clients that medical professionals often want to limit what they notate to what they were authorized to see.   Thus, if an Injured Worker has an opportunity to write down their complaints on a form, it is important that they record everything.

Objective Data:  Objective Data is recording the healthcare provider’s observation and testing.  Provider’s observations can be items such as observing the patient “in no distress.”  Testing can be physical testing from the provider using provocative tests such as a straight leg raise or the results of x-rays or blood tests.

Assessment Data:  This is the Medical Provider’s opinion based upon the subjective and objective data. This assessment data can include such items as the patient’s diagnosis.  If this is an initial evaluation, the assessment can have a “r/o” or “rule out.”  For example, there might need to rule out a “herniated disk.”

Plan: This is strategy for address the patient’s problems.  Within this section, recommended treatments, diagnostics, and other items may be listed.  This can include such items as requested physical therapy, x-rays or time off of work.

Why Should An Injured Worker Be Concerned About Chart Notes?

An Injured Worker needs to be concerned that Medical Providers accurately note the information and document the SOAP note accordingly.   Notes that either intentionally or inadvertently accurate may become an issue that can impact such issues as which body parts were injured in the accident.

What If I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

 

workers compensation

UMPIRE PUNCHED IN PARKING LOT: INJURED WORKER IN THE NEWS, #31

It is reported that a woman, after being ejected for cursing at the umpires as an attendee of a softball game, waited in a parking lot and proceeded to punch an umpire in the face. The umpire sustained a bruised face and black eye.  Dailymail.com

If The Accident Happened in the Parking Lot, Would It Still Be Work-Related for Workers’ Compensation Purposes?

In workers’ compensation, an employer’s parking lot is generally considered as an extension of the employment.  Thus, even a trip and fall injury in a company parking lot can be considered as a work injury. Thus, this injury should be considered as work-related for workers’ compensation purposes.  In this matter, there is the additional connection that makes the incident work-related.  The individual who assaulted the umpire was at the game and then waited for the umpire to go to the parking lot.

Is There Any Particular Issue that Umpires Have In Pursuing Workers’ Compensation Claims?

In workers’ compensation, an Injured Worker’s average weekly wage is required in order to calculate benefits.   The nature of umpiring as a seasonal activity can make wage calculation complicated.  Umpires often have other forms of employment or wages.   These other wages must be used to calculate the wage.  This is generally done by going one year from the date of injury to account for their annual wage.  If an umpire does not have sufficient wages, they are likely to be considered a minimal wage earner for workers’ compensation benefits.   This is a fixed amount and is determined by the WCAB every year.’

What If I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

 

animated judge

A DOLPHIN ATTACKS TRAINER: INJURED WORKER IN THE NEWS, #30

In a Miami Aquarium, a Dolphin, “Sundance,” attacked his trainer.  It was reported that the dolphin repeatedly struck the trainer and tried to pull  the trainer down into the water.  Apparently, the altercation may have been caused when the trainer had accidentally scratched the dolphin.  After the attack, the visibly shaken trainer was taken by ambulance to a local hospital. www.local10.com

This article will discuss the legal issues of this incident within the California Workers’ Compensation System.

If the Trainer Accidentally Scratched the Dolphin and This Caused the Dolphin to Attack Him, Does This Bar The Trainer From Pursuing A Workers’ Compensation Claim?  

No.  Workers’ Compensation is a “no fault” system.  Thus, an employee’s accidental contact causing an injury would not be a bar.

Does Applicant’s Animal Trainer Position Impact Their Compensation?

Yes.  Permanent Disability assessment includes an injured worker’s employment class.  This is called an Occupational Group Code.  A job’s physical arduousness can increase the permanent disability.  Per the Rating Manual, an Animal Trainer’s group number is 390.  Since Animal Trainer’s job can be quite physical, there is a likelihood that they will received a higher rating for certain body parts versus an injured worker with a less arduous job. For example, a secretary’s occupational adjustment would not be as good as an Animal Trainer.

What If I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

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