AN INJURY THAT WAS A WHOPPER! WELL, SORT OF: INJURED WORKER IN THE NEWS #126

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It is reported in the Nypost.com that an MTA Bus Driver crashed their care after suffering from a medical emergency.  Apparently, as a result of the medical emergency, they lost control of their vehicle and crashed it into a Burger King Restaurant.  While no Whoppers were damaged due to the store being closed, the Bus Operator was sent for medical attention. The driver was transported to the hospital in critical condition. The medical emergency suffered remains unknown.This fact pattern will be analyzed under California Workers’ Compensation Law.

Was There a Work-Related Injury?

Yes. No. and Yes.

In this instance, there is no evidence that the medical episode had an industrial component.  Thus, it is possible that the cause of the medical emergency could be non-industrial and non-work-related.   On the other hand, the bus crashing would be considered work-related.  Thus, any harm from the vehicle accident would be considered as work-related.  Thus, if the driver broke their arm as a result of the crash, that injury would be considered as work-related.

Further, if it was determined that the medical episode had an industrial component to it, then both the episode and the vehicle accident will be considered as work-related.

Given the facts of this case, the insurance carrier would certainly delay the claim with respect to the medical episode to obtain a medical opinion as to whether there was an industrial component.  The opinion on industrial causation would come from either a treating doctor or an evaluating doctor.

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.