SAN FRANCISCO LIBRARY SECURITY GUARD SUFFERS PIT BULL BITE INJURIES: INJURED WORKERS IN THE NEWS, #11

Dramatic footage shows a San Francisco Library Security Guard viciously attacked by a Pit Bull.  Fellow Officers rescued their co-worker from the dog. dailymail.com

At the time of the incident, the Library Security Guard had been trying to administer narcan medication to a library patron who has passed out.  The patron’s pet was apparently the pit bull which attacked the Security Guard and bit onto his arm.

It is reported that the security guard was is hospitalized with serious injuries

Is This A Workers’ Compensation Claim?

Yes. The San Francisco Library Security Guard can pursue a workers’ compensation claim.  This injury arose and out employment and was within the course and scope of employment. He should be eligible to receive benefits.  For example,  the hospitalization medical bills should be paid in full by workers’ compensation.

What Can Be Claimed For This Security Guard?

The Security Guard may have sustained extensive injuries to multiple body parts and systems. From the facts, it appears that the bite caused a hand injury.  He may require treatment within a variety of medical specialties.  For the bite, he may need to treat with an infectious disease doctor with respect to possible rabies. For scars, he may need to treat with a dermatologist.  For muscular skeletal  injuries, he may need to treat with an orthopedist.  For post traumatic tress issues, he may been to treat with a mental health practitioner.   Depending on the nature and extent of the injuries, this individuals treatment could be complex.

Can the Co-Workers File Workers’ Compensation Claims?

Yes.  There may be possible stress claims for the co-workers if they were emotionally harmed in the incident.  Further, it is possible that they may have sustained injury in fending off the dog.  This could perhaps be orthopedic injury or due to breathing pepper spray if it was used to fend the dog off.

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.

A POLICE OFFICER WITH A COVID-19 INJURY BEING RETALIATED AGAINST? INJURED WORKER IN THE NEWS, # 10

New York City Police Officer story is of upmost importance for all Safety Officers.  A Detective who sustained a work-related COVID-19 infection is in conflict with his department.  The department’s doctor has apparently forced him to try to return to work.  The Detective, however, claims that he is no longer able to drive and requires an oxygen tank.  His disease was reported so serious that he was hospitalized for eight days and told he had two to nine days to live.   He is involved in a lawsuit with respect to his return to work and that he is being forced to return to work.  Nypost.com  

This article will discuss the various issue of return to work.

What Is “Return to Work” and Why Is It So Important for Employers?

“Return to Work” is a term which is used with respect to an Injured Worker returning to work in some capacity.  In California, “Return to Work” can be in a full duty capacity, a modified duty capacity, i.e. can do regular job with a lifting limitation, and an alternative work capacity.  “Return To Work” is a means for an employer to cut-off the payment of temporary disability payments.  For certain law enforcement positions, these payments can be salary continuation or Labor Code Section 4850 time.

Who Determines Return to Work Status?

The determination of “Return to Work” status is controversial.  First, a doctor makes a determination concerning “return to work.”  This is using done by a medical note with a provision indicating “return to work.”  The note may include some limitation or restrictions, i.e. part-time hours, lifting  limitations, or sitting limitations. Second, the department makes a determination as to whether there can be an accommodation and that there is a position available.

“Return to Work” can be a source of controversy that there may be multiple medical opinions expressing different views as to work capacity and restrictions, i.e. a treating doctor, an examining doctor, and a department doctor.  Likewise, the Injured Worker may dispute the doctor’s opinion.  Further, there can be a dispute as to whether a modified or alternative position actually exists. Injured Workers have on occasion been return to an alleged modified position and been told to perform regular duties.

Within workers’ compensation, the issue with this controversy would be entitlement to temporary disability benefits.  Thus, the matter will be resolved by a Trier of Fact, a Workers’ Compensation Judge,

What If The Officer Can Never Return To Work Full Duty?

In the case of an Injured Worker not being able to return to work, the issue of disability retirement arises.   This is not a workers’ compensation issue.   It is a Retirement Board matter.

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.

 

A TACO BELL WORK INJURY TRAGEDY: INJURED WORKERS IN THE NEWS, #9

A Los Angeles Taco Bell Worker, and Father of 3, was tragically murdered while working.  He was shot dead after an argument with a customer over a fake $20.00 bill. The shot was fired from the customer drive-thru.  The Father worked there one day a week to make extra money for his family.  His son also was working in the restaurant when the shooting happened.  Foxnews.com, Dailymail.com

In this matter, there are multiple injury claims; a death claim concerning the Father, and  possible stress claims for each and every store worker who was present at the time of the shooting.  The employees include one of the Father’s son.

Are There Any Issues Concerning the Death Claim?

Yes. There are multiple issues concerning the Father’s death.   First, there would be a death claim which can be filed for all of his dependents.  He has three children and he may have a spouse.  Thus, there are multiple individuals who can seek death benefits.  Further, there would be burial expenses that would be available.  Second, there is an issue of his earnings.  From the story, he worked one day a week at Taco Bell.   It is possible that he had other employment.   If so, his rate of pay would be an issue as well.

In sum, while this tragic death is an undisputed work injury claim, there are complicated issues concerning who are the dependents and the compensation rate.

Are There Any Issues Concerning the Co-Workers?

Yes. If the co-workers sustained a mental health injury as a result of the incident, they would be able to pursue a claim.  The Son would be able to pursue both an injury claim for himself as well as a dependency claim relating to his Father’s passing.   His dependency, however, would be subject to an analysis based upon his age and the nature and extent of his dependency.

Are There Any Other Issues?

The family may seek benefits through the California Victim Compensation Board.

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.

 

A TRAGIC FLIGHT NURSE ACCIDENT: INJURED WORKERS IN THE NEWS, #8

It was recently reported that both Flight Nurses and Pilots died in a tragic jet plane crash in San Diego.  “[T]he twin-engine jet was registered to El Cajon-based Med Jet LLC.” kmph.com

The plane crash constitutes a work-related accident. Dependents of the deceased workers can seek compensation as well as obtain burial expenses to cover the funeral.  With the limited facts from the news reports, it appears that employment and jurisdiction issues may exist.

Who Are Flight Nurses?

Flight Nurses provide medical care during transportation of patients.  Flight Nurses can serve on fixed wing planes, jet planes and helicopters. Flight Nurses can operate out of a base location. From that location, they can travel throughout the world to provide this assistance.

For example, individuals having a medical event or accident on vacation may need to be transported home.

Is There A Particular Issue with Flight Nurses?

Yes.  Jurisdiction is an issue that may come up with Flight Nurses.  While they may be based in a particular state, work injuries can occur in other states.  Thus, a legal dispute may arise as to which state has jurisdiction to adjudicate the claim.  In some instances, multiple states may offer jurisdiction.  Jurisdiction is the legal term used for the “correct” location to file the action.

In the present matter, it is not clear whether the Flight Nurses lived in California.  If they did, a California workers’ compensation claim could be filed.  From the facts, they may be been employed by Med Jet LLC which operates in California.   Thus, this is also a basis for California jurisdiction.

Who Is the Employer?

While the plane was registered by Med Jet LLC, it is not clear from the news accounts that the company employed the nurses. A determination needs to be made as to who was their employer.

Are There Other Causes of Action?

In this matter, there may be a variety of causes of action.  If the nurses did not work for Med Jet LLC, there might be a cause of action against the plane’s owner.  Further, if the pilots were not co-workers, a cause of action may be applied against them.  Likewise, there might be a product’s liability claim against the plane’s manufacturer.

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.

INJURED WORKERS’ MEDICAL MILEAGE REIMBURSEMENT RATE FOR 2022: INJURED WORKERS, WORKERS’ COMPENSATION AND REIMBURSEMENT RATES: WHAT YOU NEED TO KNOW

This article will discuss the 2022 Medical Mileage Reimbursement Rate.

What is the Mileage Reimbursement Rate for 2021?

The medical mileage rate for 2021, is now $.58.5 cents per mile

What Does The Rate Change Mean? 

The new rate means that, regardless of your date of injury, if you incur mileage during the year of 2022, that is reimbursable, you will receive $.58.5, per mile.

What About Mileage Reimbursements For Prior Years, Are They Going to Be Paid at That Rate?

Reimbursement Rates are determined by the date that you incurred the mileage. Therefore, if you incurred mileage reimbursements for the year 2020, you should use the 2020, date of injury rate.

What Are The Rates for Some of the Prior Years?

2021- $.56

2020– $.575

2019 – $.58

2018 – $.545

2017 – $.535

2016 – $.54

2015 – $.575

What Mileage Is to Be Reimbursed? 

Per the DIR, “[i]f you have to travel to get treatment for your work injury, you are entitled to re-payment of your travel costs. The mileage rate is 58.5 cents ($.58.5) per mile. Mileage for reasonable travel to the pharmacy, parking, bridge tolls, public transportation and other travel-related costs are also included.”

You need to submit them into the carrier that is adjusting your claim. If you would like the form that you can use, click on the link below.

https://www.dir.ca.gov/dwc/I&A_mileageForm.pdf

The DIR also recommends that you should attach receipts. If your travel costs are not paid within 60 days, you should contact the carrier or your attorney to see if there is a problem.

Am I to Be Reimbursed for Attending a WCAB Hearing? 

No. You are not allowed to be reimbursed for mileage and/or parking costs to attend a workers’ compensation hearing.

Am I to Be Reimbursed for Attending My Deposition? 

Yes. You are entitled to be reimbursed for mileage and/or parking to attend your deposition.

If My Claim is Denied, Am I Entitled to Reimbursement? 

No. For medical treatment when your claim is denied, you are not entitled to reimbursement. For your deposition or Medical Evaluation by an Agreed Medical Examiner or Qualified Medical Examiner, you are entitled to reimbursement. Frequently, Defense Attorney Law Firms or the Carrier issue payment in advance of these appointments. Should your claim later be accepted, you should submit your mileage in for reimbursement.

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.

9.3Edward Jay Singer
Edward Jay SingerReviewsout of 22 reviews