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.