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Taco Bell Employee Shot By Customer: Injured Workers in the News, #93

Posted on October 5, 2023 by Edward Singer

In North Carolina, a Taco Bell Worker is left fighting for their life. A customer, reportedly upset over believing that they received the wrong amount of change, opened fire and short the worker multiple times. It is reported that a suspect has been taken into custody. Dailymail.com The employee was taken to the hospital with life threatening injuries.

This article will discuss the steps that can be taken to assist an Injured Worker who suffered a traumatic injury.

If The Taco Bell Worker Created the Incident By Giving the Wrong Change, Does It Matter?

In California, and most states, workers’ compensation is a “no fault” system. As such, a Worker making an innocent accounting mistake would not be barred from filing a claim in this instance.

What Can Be Done Within the Workers’ Compensation Claims System To Address A Traumatic Injury Such As This Shooting?

While the California workers’ compensation system provides treatment for Injured Workers suffering from traumatic injuries such as this shooting, there is additional help that can be provided to improve such medical care. As a representative of Injured Workers, in an instance such as this shooting, I will reach out to the Insurance Company and seek an agreement to employ a Nurse Case Manager on the claim. Sometime, the Insurance Companies will initiate it as well. Nurse Case Managers, in complex cases, serve to connect the patients with the health care providers. They also can assist with scheduling treatment plans. Further, they can attend doctor’s appointments and participate in the recovery process. In some instances, such as recovery from major surgeries, Nurse Case Managers can make sure that all of the Injured Worker’s needs are met. In minor injury cases, Nurse Case Managers, however, appear to be more interested in getting the industrial treatment concluded and closing the case.

What If I Need Legal 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 30 years. Contact us today for more information.

Monkeypox Occupational Needlestick Injury: Injured Workers in the News, #92

Posted on October 4, 2023 by Edward Singer

A doctor’s needlestick puncture wound was the subject of a journal article in Emerging Infectious Disease.

The doctor, working in Portugal, suffered a needlestick injury to his left index finger. This occurred when he was collecting a fluid sample from a man who had a pustular rash. The doctor, according to the article, did not report the injury. Over time, however, the physician showed signs of being infected with monkeypox. Caldas JP, Valdoleiros SR, Rebelo S, Tavares M. Monkeypox after Occupational Needlestick Injury from Pustule. Emerg Infect Dis. 2022 Dec;28(12):2516-2519. doi: 10.3201/eid2812.221374. Epub 2022 Oct 17. PMID: 36252152; PMCID: PMC9707600

This article will discuss the nature of the monkeypox disease as well as the insights gained by those assessing the case.

What Is Monkeypox?

Per the CDC, “Mpox (formerly known as monkeypox) is a rare disease caused by infection with the mpox virus. Monkeypox virus is part of the same family of viruses as variola virus, the virus that causes smallpox. Mpox symptoms are similar to smallpox symptoms, but milder, and mpox is rarely fatal. Mpox is not related to chickenpox.

There are two types of mpox virus: Clade I and Clade II. The Clade I type of mpox virus has a fatality rate around 10%.

Infections in the 2022–2023 outbreak are from Clade II, or more specifically, Clade IIb.

Infections with Clade IIb are rarely fatal. More than 99% of people who get this form of the disease are likely to survive. However, people with severely weakened immune systems, children younger than 1 year of age, people with a history of eczema, and people who are pregnant or breastfeeding may be more likely to get seriously ill or die.

Note: It would appear that this viral infection has the likelihood of causing permanent disability. This appears to be the case when there is an underlying medical condition. In California workers’ compensation law, an aggravation or acceleration of an underlying medical condition is also considered as an injury.

What Are the Monkeypox Symptoms?

Per the CDC, Monkeypox, now known as mpox, has symptoms that can be rashes that can be “ located on hands, feet, chest, face, or mouth or near the genitals, including penis, testicles, labia, and vagina, and anus. The incubation period is 3-17 days. During this time, a person does not have symptoms and may feel fine.

The rash will go through several stages, including scabs, before healing. The rash can initially look like pimples or blisters and may be painful or itchy.” CDC Other symptoms, per the CDC are Fever, Chills, Swollen lymph nodes, Exhaustion, Muscle aches and backache, Headache, Respiratory symptoms (e.g., sore throat, nasal congestion, or cough) CDC.

Note: With respect to the persistent symptoms, there is the likelihood that they will prevent an injured Worker from working their usual and customary occupation. Due to the infectious nature of the disease, it is likely that an Injured Worker would be precluded from modified work as well. Therefore, a monkeypox claim is likely to include a period of total temporary disability benefits.

With Respect to the Journal Article, Were There Any Recommendations?

The journal article made an important point. The needlestick injury should be reported immediately. If reported, the Injured Worker would have been able to receive postexposure prophylaxis care which could assist in treatment of the disease.

Note: In the California workers’ compensation system, Injured Workers are entitled to receive up to $10,000.00, of medical treatment while their claim is on delay.

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Store Clerk Set On Fire by Shoplifter: Injured Workers in the News, #91

Posted on October 3, 2023 by Edward Singer

In California. a Bay Area Clerk suffered a horrendous work injury. He was set on fire by a homeless serial shoplifter. Dailymail.com It is reported that the Clerk suffered second and third degree burns to his face, neck, chest and shoulder.

This article will discuss the special benefit that an Injured Workers are entitled to receive when they suffer from a burn injury. This article will also how this special benefit can be a source of controversy.

What is the Special Benefit that Injured Workers Who Have Burn Injuries Can Receive?

California Workers’ Compensation Law provides for extended total temporary disability benefits for certain injuries. Burn injuries fall within this eligibility for extended benefit.

Labor Code Section 4656, under section (c) (1) provides that the “Aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability shall not extend for more than 104 compensable weeks within a period of two years from the date of commencement of temporary disability payment. (2) Aggregate disability payments for a single injury occurring on or after January 1, 2008, causing temporary disability shall not extend for more than 104 compensable weeks within a period of five years from the date of injury. (3) Notwithstanding paragraphs (1) and (2), for an employee who suffers from the following injuries or conditions, aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability shall not extend for more than 240 compensable weeks within a period of five years from the date of the injury: (A) Acute and chronic hepatitis B. (B) Acute and chronic hepatitis C. (C) Amputations. (D) Severe burns. (E) Human immunodeficiency virus (HIV). (F) High-velocity eye injuries. (G) Chemical burns to the eyes. (H) Pulmonary fibrosis. (I) Chronic lung disease.

Based upon the statute, the Injured Worker must suffer from a “severe” burn injury in order to obtain the extended total temporary disability. The question is “what is a severe burn injury?” Due to the vagueness within the statute, one must look at case law.

What Does Case Law Indicate About Severe Burns?

In the case of Parco vs. WCAB 83 C.C.C. 1288 (writ denied), it was found that “Applicant claimed that he suffered industrial injury to his left thumb, left hand, and the skin on his left thumb while employed by Defendant Parco, Inc., as a machinist on 8/30/2013. The medical treatment records indicated that Applicant suffered second and third degree burns to his left hand and also underwent three surgeries on his left thumb. Qualified medical evaluator David Doty, M.D., testified in his deposition that, as a result of Applicant’s crush injury, tendon damage, and the fracture of the bone and subsequent surgery with bone removal, Applicant had a 7mm shortening of his left thumb.”

“At trial, the WCAB found “Based on the medical evidence, the WCJ found, in pertinent part, that the 104-week limit for TD benefits did not apply to Applicant, and that Applicant was entitled to additional TD payments through 1/5/2016 based on the exceptions to the TD limitation for amputations and severe burns set forth in Labor Code § 4565(c)(3)(C) and (D).”

“The WCJ recommended that reconsideration be denied. In her report, the WCJ pointed to medical evidence that Applicant suffered second and third degree burns on his hand. The WCJ explained that the Labor Code does not require the “most severe burns to constitute an exception to the cap on TD, but merely “severe burns,” and that second and third-degree burns were sufficiently severe to meet the exception.”

While the case addressed the amputation exception, the court also noted that “it appears that applicant suffered “severe burns” in the course of his injury. Either of these factors is an appropriate basis for implementing the exception to the 104 week limitation on temporary disability benefits. (Lab. Code § 4656 (3) (C) and (D).)” Defendant’s petition for writ of review was denied.

In sum, the matter of what constitutes a “severe burn” is still a source of controversy. With respect to the facts of the present case, it would appear that the substantial nature of the burns would likely tip the scale in favor of the exception. Specifically, the facial burn would be something that would likely sway a court as to the severity of the burn. In the present matter, it would appear that the nature and extent of the burns as well as the extent of the medical treatment most likely would be determinative.

What If I Need Legal Advice?

Teacher Knocked Out by Student Throwing Chair: Injured Workers in the News, #90

Posted on October 1, 2023 by Edward Singer

It is reported in Michigan that a teacher sustained a head injury when she was struck by a chair. It is reported that a student threw the chair. The video of the incident shows a chair going airborne and striking the teacher in the back of her head. The teacher was taken to the hospital for treatment. It was reported that the Teacher went to the ground for several seconds after the blow. This incident was captured on video and posted on social medical where it has garnered over 21 million views. nypost.com There is the likelihood that the student will face criminal prosecution.

This article will discuss the Teacher’s rights within the context of California law.

Who Pays the Hospital Bill?

In this instance, there are multiple individuals who could be responsible for paying the bill. There is the student and her parents. Also, there is the School District who is obligated to pay under workers’ compensation law. Finally, there is the possibility that the Injured Teacher’s health insurance would be billed. If the Teacher’s health insurance paid, it is likely that they would seek reimbursement from the workers’ compensation insurance. This reimbursement action is sometimes referred to as subrogation.

Who Is Liable for The Teacher’s Injuries?

In this instance, the School District’s workers’ compensation insurance is to cover the injured worker’s benefits. These include medical treatment costs, temporary disability costs, permanent disability costs, need for future care, and vocational rehabilitation benefits if indicated. Outside of workers’ compensation, the School District’s retirement system may also be liable to provide a disability retirement should the teacher be unable to return to her teaching position. Further, there is the student and her parents who are liable. Also, in California, there is the Victim’s Rights Board which is also available for the purposes of providing some benefits.

What Type of Injuries May Have Occurred?

In the present matter, there are a variety of injuries that could have occurred. There is the head trauma. In this instance, given the fact that there was likely a loss of consciousness, a concussion may be an appropriate diagnosis. Likewise, there may be hearing loss or some dental injury that may have occurred. Further, there may have been an orthopedic injury to the Teacher’s neck or other body parts. Finally, the Teacher may have sustained a psychiatric injury as a result of the trauma.

What Is the Most Important Thing For the Teacher to Do?

In this instance, it is most important that the Teacher identify each and every body part injured so that they may get proper treatment and assessment. Many times, Insurance Companies are skeptical when amendments are made to claims concerning body parts. In sum, this Teacher should work to get a work-up from each and every medical specialty that is indicated as a result of the injury.

What If I Need Legal Advice?

Willful Misconduct in the Workplace Examples | Injured Workers in the News #89

Posted on July 26, 2023 by Edward Singer

A news report about the President of the United States offers an excellent example as to a claim of Serious and Willful Misconduct is within California Workers’ Compensation.

While the facts do not fall within workers’ compensation, they do lay out facts that offer an insight as to what would be considered as excellent example of what constitutes serious and willful misconduct.

According t the facts, the President’s dog, a german shepherd, has bitten seven people over a period of four months. Additional facts, per the Dailymail is that the “ [secret service] officers called the dog ‘freaking crazy’. One officer indicated that “ he [the dog] would have been ‘put down’ if he didn’t belong to the Bidens and said he needed a muzzle.” It was also reported that “on November 10, 2022, Jill Biden ‘couldn’t regain control’ of Commander as the dog charged another member of the Secret Service.”

What Is Serious and Willful Misconduct? Why Is It Important?

Labor Code 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.

One version of Serious and Willful Misconduct is actions that exceed negligence.

Who Are The People Who Can Engage In Serious and Willful Misconduct?

The people who can commit serious and willful misconduct are defined in Labor Code Section 4553. This includes (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, and (c) If the employer is a corporation, on the part of an executive, managing officer, or general superintendent thereof.

What Is The Nature of Serious and Willful Misconduct?

“Serious and willful misconduct within the meaning of section 4553 is an act deliberately done for the express purpose of injuring another, or intentionally performed whether with knowledge that serious injury is a probable result or with a positive, active, wanton, reckless and absolute disregard of its possibly damaging consequences.” (Ferguson v. Worker’s Comp. Appeals Bd. (1995) 33 Cal.App.4th 1613, 1622 [39 Cal. Rptr. 2d 806, 60 Cal. Comp. Cas 275].) Serious and willful misconduct is greater than negligence or even gross negligence. (Mercer-Fraser Co. v. Ind. Acc. Comm. (1953) 40 Cal.2d 102, 120 [251 P.2d 955, 18 Cal. Comp. Cas 3]; Johns-Manville Sales Corp. v. Workers’ Comp. Appeals Bd. (1979) 96 Cal.App.3d 923, 931 [158 Cal. Rptr. 463, 44 Cal. Comp. Cas 878].)

What Makes These Facts Suggestive of Serious and Willful Misconduct?

The facts laid out can show that the employer or management was aware of a known danger. The President was well aware that his dog was dangerous. The first bite was the proof. Thus, any further biting of employees would be considered as an act of serious and willful misconduct. Additional facts to support this position are that it was known by management aht the dog was “crazy” and requests had been made that that the dog be muzzled.

In essence, fact preceding any further bite or attack are crucial to the analysis. Surely, this matter exceeded mere negligence. Whether or not this matter falls into serious and willful misconduct would be the subject of the trier of fact. In other words, the only way that this can be determined is by a Judge’s ruling after a trial.

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