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.

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.

 

NEWS REPORTER SERIOUSLY HURT IN UKRAINE: INJURED WORKER IN THE NEWS, #28

A Fox News Reporter sustained severe injuries when he and his crew came under attack in Ukraine.  According to reports, Mr. Hall, the reporter, wrote, “[t]o sum it up, I’ve lost half a leg on one side and a foot on the other. One hand is being put together, one eye is no longer working, and my hearing is pretty blown… but all in all I feel pretty damn lucky to be here – and it is the people who got me here who are amazing!” poynter.org

It is reported that he had extensive medical treatment. He was evacuated out of Ukraine. He was taken to Germany and then he was taken to Texas for treatment.

This article will discuss issues of this fact pattern as if it would fall under a California Workers’ Compensation Law.

Does Medical Treatment Include Transportation Costs?

Yes.  Medical transportation is included as part of medical treatment In Mr. Hall’s instance, there was Med-Evac Treatment.  In other terms, Medical Transportation is necessary as part of medical treatment.   This is included with Labor Code Section 4600 under the provision to provide medical treatment which is reasonably required to cure or relieve from the effects of the injury.  Air Ambulance Services are included under this provision.

Are There Any Special Benefits That Would Be Available Under Workers’ Compensation Law?

Yes. There are two body parts that may make Mr. Hall eligible for additional periods of temporary disability given the facts.  The amputation would qualify him for the extended TTD benefits in accordance with Labor Code Section 4656.  Likewise, his eye injury may also qualify him for the benefit.  His injury to his eye was caused by a high velocity object or it was a result of a chemical burn. This determination will require a determination by a medical doctor as to the cause.  The specific language in the statute is “high-velocity eye injuries” or “chemical burns to the eyes.”

What Would Be the Venue for This Claim?

While the injury happened in Ukraine, this claim will be filed at a particular state.  Most likely, Mr. Hall’s claim could be filed at the location he works.  Thus, if he is based out of Texas, Texas law may apply.  Venue, at times, can involve a multitude of factors.  This can include where his contract was made or which States Mr. Hall worked in at Fox.  In otherwords, there may be a choice of venue given the facts of the case.

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.

approved report of work injury

Did Amazon’s Conduct Constitute Serious and Willful Misconduct When Amazon Employee Died at Work? Injured Worker in the News #27

An Amazon Distribution Center collapsed and a delivery driver died.  Governmental Officials noted “[w]e are concerned by recent reports that Amazon may be putting the health and safety of its workers at risk, including by requiring them to work in dangerous conditions during tornadoes, hurricanes, and other extreme weather.” Foxnews.com

How does the Workers’ Compensation System address questionable conduct by Employers?

What Is a Serious and Willful Misconduct Claim?

In California, there is increased workers’ compensation benefits that can be awarded if an Employer engages in serious and willful misconduct.  This term is a legal term.  The Labor Code, in Section 4553, provides that “[t]he amount of compensation otherwise recoverable shall be increased one-half, together with costs and expenses not to exceed two hundred fifty dollars ($250), where the employee is injured by reason of the serious and willful misconduct of any of the following:  (a) The employer, or his managing representative. (b) If the employer is a partnership, on the part of one of the partners or a managing representative or general superintendent thereof. (c) If the employer is a corporation, on the part of an executive, managing officer, or general superintendent thereof.

How Does One Prove It?

Claims of Serious and Willful Misconduct are highly factual.  These claims are either tried or settled.

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

LOS ANGELES COUNTY SHERIFF’S HELICOPTER CRASH: INJURED WORKERS’ IN THE NEWS, #23

Five Los Angeles County Sheriff’s Deputies and one Civilian were injured when a department helicopter crashed.  The vehicle was in flight to a vehicle collision scene.  It reported that the injuries were not life threatening.  In the copter, there were deputies including the pilot, copilot, crew chief and two paramedics. Villanueva [the Sheriff] said the sixth person on board was a UCLA doctor doing a ride-along.  Sbsun.com

The fact pattern raises issues of who were employees  at the time of the accident. The fact pattern also addresses the issue of different workers’ compensation benefits for different classes of employees.

Who Was An Employee In This Accident?

From the facts, it is clear that the Los Angeles County Deputies and Paramedics would be considered employees for the purposes of the accident.  The question would be as to whether the UCLA doctor would be considered an employee. The facts indicate that he was doing a ride-along.  Further, it would appear that the UCLA doctor was an employee of UCLA and not Los Angeles County. Thus, his employment, for the purposes of the accident, would be considered UCLA.

The next question would be whether this ride-along would be considered part of the UCLA doctor’s employment.  Did the ride along arise out of and was it in the course and scope of employment? Was there a “nexus?”

A factual determination should be made as to whether the injury arise out of and was in the course and scope of employment. .  Questions such as “whether the ride along had a connection to his employment?” would be of assistance.   Did his department recommend that he do the ride along?  Was the ride along something that he did to assist him in doing their job a doctor at UCLA?  For example, “was the doctor an emergency room doctor?” Alternatively, was this something the doctor did completely independent of his job? As such, there are many facts that must be ascertained to make a decision.  Ultimately the determination would likely be made at the trial level by a Judge. .

For the Employees How Are They Going to Be Paid?

In the facts, there are Deputys and Paramedics involved.  Desputys are covered under Labor Code 4850 for salary continuation in lieu  of total temporary disability benefits.  Paramedics, howeveer, may not be covered under LC 4850.  They may have to look towards their Memorandum of Understanding to determine if they have special temporary disability benefits.

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.

 

 

 

 

https://www.sbsun.com/2022/03/19/la-county-sheriffs-helicopter-crashes-in-mountains-above-san-dimas-5-hospitalized/

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