workers compensation

BUS DRIVER STRESSED AND SPRAYED UPON: INJURED WORKERS IN THE NEWS #81

Tormented by students, a School Bus Driver went viral tirade when she quit her job.  The Asthmatic Bus Driver reportedly suffered attacks after students repeatedly sprayed perfume on her.  Upon the second spraying. she became irate. She said that was done with “this sh@$”, and left her job of two years. dailymail.com

This article will discuss whether the incidents could constitute a work injury.

Did These Instances Constitute Work Injuries? 

In California Workers’ Compensation Law, the aggravation or acceleration of an underlying medical condition can be considered as a work-related injury.   Given the fact pattern, if there was a medical opinion that the Bus Driver’s condition asthma condition was somehow aggravated or accelerated then there would be a respiratory work injury. If so, she would be entitled to claim workers’ compensation benefits. These benefits include monetary compensation and medical treatment.

Even if there was no asthma injury, the stressful nature of the incident could constitute a work injury. A stress or psychiatric injury may be indicated.   Again, such a claim would also require a medical professional rendering an opinion that there was an injury. The bottom line is that, regardless of how horrible the facts, they are not a substitute for medical reporting.

In sum, it is possible that both asthma and psyche injuries occurred.  In that instance, it can be asserted that the Bus Driver is claiming two injured body parts.

If There Was No Asthma Injury, Can There Still Be A Psyche Injury?

Yes. In California, even if there was no asthma injury, a psychiatric claim could still be viable.  In that instance, the asthma attacks could have been a mere exacerbation the Bus Driver’s pre-existing condition.  The perfume may not have caused any injury but rather a momentary flare up.  Both of these episodes could have caused emotional upset.   If the Bus Driver could prove that the predominant cause of an emotional condition was caused by the bullying and the perfume spraying, she could pursue a psyche work injury.  Again, the opinion on causation and on medical condition injured requires the opinion of a mental health professional such as a psychiatrist or psychologist.

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

CAN A NFL FOOTBALL PLAYER’S AMPUTATION FROM A COLLEGE INJURY BECOME A NFL WORK-RELATED COMPENSATION CLAIM? INJURED WORKER IN THE NEWS, #43

It is reported that Marcus Davenport of the NFL Saints recently had part of his pinky amputated.  It is reported that the injury was from his college career.  Over the years, however, he has had several surgeries to his his pinky.  During his professional career, in 2021, he had a surgery on the finger. cbssports.com

This article will discuss whether a pre-existing injury can become a workers’ compensation injury.

Can A Pre-Existing Injury Become Work-Related?

Yes. California Workers’ Compensation Law provides that “industrial causation is established if the preponderance of evidence presented [show that employment proximately caused his/her medical condition] to “light up,” accelerate or aggravate. (§ 3600, subd. (a)(3); Pullman Kellogg, supra, at page 454; Tanenbaum, supra, at pp. 617–618; Franklin, supra, at pp. 244–245.) Proximate cause is shown if employment is a contributing cause. (McAllister at p. 418; Nash at p. 1809.) Employment as a contributing cause need not be a scientific certainty, a reasonable probability is sufficient. (McAllister, supra at p. 417; Rosas, supra, at pp. 1700–1701.)

In this circumstance, if Mr. Davenport’s NFL job duties worsened his pinky condition it is possible that he could file a work injury claim against his NFL team.  He would have to prove that his employment contributed to the worsening of the condition.  Typically, this would be proven by a treating doctor or qualified medical evaluator examining the current state of the injury, reviewing the records of his past medical treatment, and taking a history from the worker as to what happened at work that aggravated the condition.

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.

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