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IWITN #44: Did Tossed Food At A Wendy’s Employee Cause A Work Injury?

Posted on June 23, 2022 by Edward Singer

Had a Wendy’s Frosty been involved, things could have been worse. It is reported that a Wendy’s Drive Thru Worker was assaulted by nuggets, fries, and a drink.

An unhappy customer contended that the bag the food came with a guarantee of hot and crispy food. She felt her order did not meet that standard. It is reported that “[s]he said that she got spicy nuggets instead of normal ones, saying they were burnt.” After profanity and outrage, it is reported she threw the bag of food at the worker. Fox10phoenix.com

Was There a Work Injury?

From the facts, it does not appear that a physical injury was sustained. A physical injury is a term used to describe orthopedic injuries or wounds. For example, if a glass bottle had been thrown and caused wounds, that would be considered as a physical injury. In this instance, the injury would be considered as a mental injury. From the facts, it is possible that the worker may have sustained a psyche injury. The news report indicated that the Worker was harassed, threatened, cursed at and had items thrown at her by an angry customer who overreacted. Such an injury would require the opinion of a mental health practitioner finding a psychiatric injury. A finding would require a diagnosis such as PTSD, Anxiety Disorder or Depression.

If The Worker Had Gotten The Food Order Wrong Which Triggered The Incident, Would That Effect the Validity of the Work Injury Claim?

In this instance, no. Workers’ Compensation is a “no fault” system. In this instance, even if the employee got food order was wrong, the resultant incident would still be covered within workers’ compensation. Labor Code Section 3600, lays out that “(a) Liability for the compensation provided by this division, in lieu of any other liability …shall, without regard to negligence.”

While workers’ compensation is no fault, good faith personnel actions may bar a psychiatric claim. Had there been no incident with the customer, a Worker being written up for improperly filling an order most likely would be considered a “good faith” personnel action.

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.

ATTACK AT HOSPITAL WITH MEDICAL WORKERS STABBED: INJURED WORKERS IN THE NEWS # 40

Posted on June 6, 2022 by Edward Singer

Headlines reported that Encino Hospital Workers were attacked a stabbed by an Attacker. These workers were reportedly in critical condition. Dailymail.com

This article will discuss the immediate concern on this matter.

What Is the Major Concern with This Incident?

Given the facts and the assumption that the same knife was used in the attack each victim, it is likely that the workers may have been exposed to each others blood. Thus, a long term issue is the concern with respect to this injury is whether the workers were exposed to a Blood Borne Illness. Blood Borne Illnesses include Malaria, Syphilis, and Brucellosis, and Hepatitis B (HBV), Hepatitis C (HCV) and the Human Immunodeficiency Virus (HIV). As such, treatment and monitoring for these illnesses would be part of the work injury protocol. Thus, besides treating the Injured Workers wounds and likely psychological injuries, an additional Internal Medicine Program will be included to provide prophylaxis treatment as well as testing and monitoring for blood borne pathogens.

What If I Need Advice?

SCHOOL BUS DRIVER’S ACCIDENT YIELDS MULTIPLE WORK-RELATED INJURIES: INJURED WORKER IN THE NEWS, #36

Posted on May 11, 2022 by Edward Singer

A horrific multi-vehicle crash occurred involving both a school bus and a dump truck. Many students were injured. It is reported that the police investigated that matter and that it is likely that no charges that would be filed for negligent operation of a vehicle. It is reported that both the dump truck driver and the school bus driver were trapped in their vehicles for an extended period of time and that one of them required medical treatment. There was no information in the article as to which driver, if any, was at fault. Dailymail.com

This article will address whether fault would matter in this case with respect to workers’ compensation.

Can Either Driver Pursue a Workers’ Compensation Claim in This Circumstance?

Under California Law, both drivers would be able to pursue a work injury claim. Workers’ Compensation is a “no fault” system for which the negligent operation of a vehicle causing an injury would not bar a claim. Thus, if one of the operators had missed a stop sign and that caused the accident, if would not bar the claim. In this instance, either operator could file a claim. Labor Code Section 3600 provides “(a) [l]iability for the compensation provided by this division, in lieu of any other liability whatsover….shall, without regard to negligence, exist against an employer for any injury sustained by his or her employees arising out of and in the course and scope of employment.”

What If I Need Advice?

CALFORNIA HIGHWAY PATROL OFFICERS SERIOUSLY INJURED: INJURED WORKERS IN THE NEWS, # 34

Posted on May 3, 2022 by Edward Singer

A horrendous accident happened when an alleged drunk driver struck a parked California Highway Patrol aka CHP Squad Vehicle on the freeway. It is reported that the driver was traveling 95 miles per hour upon impact and that the cruiser. The police car erupted into flames.

The Officers were rushed to the hospital. One is with major injuries and the two others with moderate. One Officer was reported to have a neck brace on. It was reported that one Officer was dragged out the burning vehicle. Dailymail.com

Taking these facts, a hypothetical analysis of this incident will be done with an assumption that one of the Officers sustained burn injuries

Initially, What Benefits Will These Officers Receive?

California Highway Patrol Officers will initially receive a form of salary continuation benefits. Once salary continuation benefits have been paid, total temporary disability benefits will be picked up and paid at the “state rate,” The “state rate” is a term used for the regular rate mandated for claims.

Since The Officers Were In the Same Accident, Will Each Officer Get The Same Benefits?

No. While the California Highway Patrol Officers were in the same accident, they will all receive different benefits. Workers’ Compensation Benefits are based upon each individual’s injuries, their age, and their needs.

Assuming one of the Officers had severe burns, total temporary disability benefits can extended out to “240 compensable weeks within a period of five years from the date of the injury.” Labor Code Section 4656(a). This is opposed to other Officers who most likely do not have other 4656 exceptions apply. They would be eligible for a total of 104 weeks of temporary disability benefits.

What About Permanent Disability?

For permanent disability, each Officer will be assessed upon their body parts injured and their impairments. Likewise, they will be assessed differently based upon their age. Older officers will have a higher rating than younger officers irrespective that the injury happened on the same date. It is possible that the Officers may sustain the exact injury and impairment and get different ratings. This would be caused by the age adjustment in the rating. The only item in the rating that the officers will share is that they will be assigned the same occupational group for their rating.

What If I Need Advice?

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

Posted on April 28, 2022 by Edward Singer

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.