Arising out of and in the course and scope of employment

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Teacher Injured By Student Compensation: Injured Workers in the News #78

Posted on March 1, 2023 by Edward Singer

In a highly publicized matter, a Teacher was reportedly battered as a result of taking away a video game from a child. According to the news account, the video showed the student charging towards the teacher and knocking her onto the ground. He stomped, kicked and punched her numerous times. As a result of the injuries, she lost her consciousness.

This matter will be discussed on a variety of issues.

If the Teacher Wrongly Took Away The Game From the Child, Would She Be Ineligible for Workers’ Compensation Benefits?

No. From the facts known, the Teacher did not act as the initial aggressor in the incident. This is supported by the fact that Police have arrested the Student and he is being charged with a crime. Also, workers’ compensation is a no-fault system. A mistake in taking away an item from a student causing an incident would not impact the eligibility for workers’ compensation.

If The Teacher Cannot Return to Teaching, Is Workers’ Compensation Her Only Means of Recovery?

In California, there is the State Teachers Retirement System which is known as CALSTRS. Assuming the Teacher works at a public school, she is entitled to pursue a disability retirement.

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.

Tesla Crashes Into Fire Truck: Injured Workers in the News, #77

Posted on February 20, 2023 by Edward Singer

In California, a Tesla Driver died when his car slammed into a Fire Truck. It is reported that several of the firefighters at the scene were slightly injured. The cause of the accident is being investigated. Intoxication or possibly the Tesla’s Autopilot may be the cause. dailymail.com

If The Tesla Driver Was At Fault, Can The Firefighters Pursue Workers’ Compensation Claims?

Yes. The Firefighters were injured in a circumstance that arose out of employment and was in the course and scope of employment. Thus, they satisfy the AOE/COE requirement to pursue a workers’ compensation claim.

If The Firefighters Were Injured In the Same Accident, Will They All Get the Same Compensation?

No. Each workers’ compensation case is based upon the individual and the nature and extent of their personal medical conditions. Likewise, there compensation is also impacted by their wage, their age and their occupation. It is quite possible that two of these firefighters could have sustained identical injuries but receive different amounts of compensation. For example, a very young worker could receive less than a much older worker.

Do The Firefighters Have Another Lawsuit to Pursue?

Possibly. It appears that either the Tesla Driver or the Tesla Vehicle may be responsible for the accident. A thorough investigation is necessary to determine who, if any, was negligent. The reporting to date provides no indication.

What if I Need Advice?

83-Year-Old Home Depot Employee Death: Injured Workers in the News #72

Posted on December 6, 2022 by Edward Singer

An 83-year-old Home Depot Worker died six weeks after sustaining a work injury. He had been shoved to the ground by a serial shoplifter while apparently trying to stop a theft. The Home Depot Worker sustained injuries as a result of the shove and he lived for 5 weeks before passing. The medical examiner has ruled the death to be a homicide. Dailymail.com

This article will discuss how the Injured Worker’s death was work-related for the purposes of obtaining death benefits.

Does A Time Delay Between The Work Injury and The Death Matter for the Purposes of Pursuing a Death Claim?

Yes and No. California Workers’ Compensation Law provides for 240 weeks from the date of the injury to the date of death for the period of the delay. Deaths happening beyond this period are likely barred by the statute of limitations. Thus, a five week delay in the passing would be within the statute of limitation. The claim would be timely and dependency death benefits are warranted.

Does the Medical Examiner’s Opinion of Homicide Determine Industrial Causation?

No. The Medical Examiner’s opinion that the death was a homicide is a medical determination within the area of criminal law. In California, workers’ compensation and criminal law have different burdens of proof. California Workers’ Compensation Law has a reasonable medical probability standard. Likewise, the work injury’s relation to the death has a specific standard as well. The South Coast Framing case standard that applies: It is well established that for the purpose of meeting the causation requirement in a workers’ compensation injury claim, it is sufficient if the work is a contributing cause of the injury. (South Coast Framing, Inc. v. Workers’ Comp. Appeals Bd. (2015) 61 Cal. 4th 291, [188 Cal. Rptr. 3d 46, 349 P.3d 141, 80 Cal. Comp. Cases 489].) “

Thus,Workers’ Compensation medical examiners will have to express an opinion whether, within reasonable medical probability, that the work injury was a contributing factor in the Injured Worker’s death. Arguably, the Medical Examiner’s opinion, which most likely is criminal law based, expresses that it a higher standard than workers’ compensation law requires.

While one could argue that the Medical Examiner’s opinion should be binding, there argument is arguing apples and oranges. Even with such an opinion, it is likely that a carrier would also seek an opinion within the workers’ compensation system. This could be a QME, a Treating Doctor or an Agreed Medical Examiner on the issue.

What if I Need Advice?

Man Threatens Wendy’s Employee With A Gun: Injured Workers in the News #70

Posted on November 23, 2022 by Edward Singer

A Wendy’s Fast Food Worker reportedly had a bad drive thru incident. A customer pulled a gun. Apparently, there was a missing sauce packet! It was reported that the man “was driving around the parking lot brandishing a gun and refusing to leave.” foxnews.com

There is no report of any physical injury. Thus, we will discuss whether this fact pattern can give rise to a workers’ compensation claim.

Can This Fact Pattern Give Rise to A Work Injury?

In California, there is no need to have a physical altercation in order to have a work injury claim. In this instance, there was an actual incident. We have a customer acting in a hostile fashion. He was reportedly brandishing a weapon and acting in a menacing fashion. If the Worker experienced a physical reaction to this event, it would be considered as a work-related event. In this matter, if the Worker had accidently not provided the customer the sauce packet, it would not be relevant. Workers’ compensation is a “no fault” system. This event would not be considered as a “good faith personnel action.” It was merely an exchange between an employee and a customer.

What Type of injury Can Be Claimed?

In California, it is possible to have both physical and psychological injuries arise from such an incident. Injuries, however, must be documented by medical specialists. In this instance, there could be a physical injury, i.e. an aggravation of a blood pressure condition. Likewise, a psychiatric disorder could be found as well, i.e. a diagnosis of post-traumatic stress disorder. It should be emphasized that the incident alone does not make a claim. There must also be an injury.

What if I Need Advice?

DID OFFICE CUSTODIAN CAUSE A STD WORK INJURY? INJURED WORKERS IN THE NEWS # 66

Posted on October 19, 2022 by Edward Singer

An Office Custodian has been accused of the unthinkable. He has been arrested under allegations that he urinated in a woman’s water and transmitted her a sexually transmitted disease.

The woman suspected something wrong with her water bottles that she had at work. She set up a hidden camera and caught the Custodian rubbing his genitals on her bottle. It is reported that he confessed. Nypost.com

Eleven others may believe they are victims as well.

It is reported that the worker contracted an STD and that the accused tested positive for the same disease. It is not clear where other workers have tested positive.

Can Sexually Transmitted Diseases Be Work-Related?

Yes. In California, Sexually Transmitted Diseases can be work-related. In this circumstance, a Psychiatric Injury claim is most likely indicated as well.

Do They Other Workers have claims?

In California, even if the individuals do not test positive for the STD, they too may have a valid psychiatric claim. This, of course, would depend upon the opinion of a mental health specialist. Their emotional upset was the result of an actual event of employment. The event being the tampering of water bottles and their knowledge of it. Developing the STD is not required to pursue this type of action.

What if I Need Advice?