Category Archives: arising out of and in the course and scope of employment

workers compensation

UMPIRE PUNCHED IN PARKING LOT: INJURED WORKER IN THE NEWS, #31

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It is reported that a woman, after being ejected for cursing at the umpires as an attendee of a softball game, waited in a parking lot and proceeded to punch an umpire in the face. The umpire sustained a bruised face and black eye.  Dailymail.com

If The Accident Happened in the Parking Lot, Would It Still Be Work-Related for Workers’ Compensation Purposes?

In workers’ compensation, an employer’s parking lot is generally considered as an extension of the employment.  Thus, even a trip and fall injury in a company parking lot can be considered as a work injury. Thus, this injury should be considered as work-related for workers’ compensation purposes.  In this matter, there is the additional connection that makes the incident work-related.  The individual who assaulted the umpire was at the game and then waited for the umpire to go to the parking lot.

Is There Any Particular Issue that Umpires Have In Pursuing Workers’ Compensation Claims?

In workers’ compensation, an Injured Worker’s average weekly wage is required in order to calculate benefits.   The nature of umpiring as a seasonal activity can make wage calculation complicated.  Umpires often have other forms of employment or wages.   These other wages must be used to calculate the wage.  This is generally done by going one year from the date of injury to account for their annual wage.  If an umpire does not have sufficient wages, they are likely to be considered a minimal wage earner for workers’ compensation benefits.   This is a fixed amount and is determined by the WCAB every year.’

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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LOS ANGELES COUNTY SHERIFF’S HELICOPTER CRASH: INJURED WORKERS’ IN THE NEWS, #23

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Five Los Angeles County Sheriff’s Deputies and one Civilian were injured when a department helicopter crashed.  The vehicle was in flight to a vehicle collision scene.  It reported that the injuries were not life threatening.  In the copter, there were deputies including the pilot, copilot, crew chief and two paramedics. Villanueva [the Sheriff] said the sixth person on board was a UCLA doctor doing a ride-along.  Sbsun.com

The fact pattern raises issues of who were employees  at the time of the accident. The fact pattern also addresses the issue of different workers’ compensation benefits for different classes of employees.

Who Was An Employee In This Accident?

From the facts, it is clear that the Los Angeles County Deputies and Paramedics would be considered employees for the purposes of the accident.  The question would be as to whether the UCLA doctor would be considered an employee. The facts indicate that he was doing a ride-along.  Further, it would appear that the UCLA doctor was an employee of UCLA and not Los Angeles County. Thus, his employment, for the purposes of the accident, would be considered UCLA.

The next question would be whether this ride-along would be considered part of the UCLA doctor’s employment.  Did the ride along arise out of and was it in the course and scope of employment? Was there a “nexus?”

A factual determination should be made as to whether the injury arise out of and was in the course and scope of employment. .  Questions such as “whether the ride along had a connection to his employment?” would be of assistance.   Did his department recommend that he do the ride along?  Was the ride along something that he did to assist him in doing their job a doctor at UCLA?  For example, “was the doctor an emergency room doctor?” Alternatively, was this something the doctor did completely independent of his job? As such, there are many facts that must be ascertained to make a decision.  Ultimately the determination would likely be made at the trial level by a Judge. .

For the Employees How Are They Going to Be Paid?

In the facts, there are Deputys and Paramedics involved.  Desputys are covered under Labor Code 4850 for salary continuation in lieu  of total temporary disability benefits.  Paramedics, howeveer, may not be covered under LC 4850.  They may have to look towards their Memorandum of Understanding to determine if they have special temporary disability benefits.

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.

 

 

 

 

https://www.sbsun.com/2022/03/19/la-county-sheriffs-helicopter-crashes-in-mountains-above-san-dimas-5-hospitalized/

AMAZON WAREHOUSE WORKER TERRIFIED BY ROBOT? INJURED WORKER IN THE NEWS, #19

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Apparently Robots trapped an Amazon Worker in a warehouse.  He documented this incident and posted it on TikTok.  It is reported “In a truly mesmerizing moment, just as the man turns down one route, his pathway to freedom is blocked as another yellow shelf is moved directly into his way, forcing him to turn around. Viewers of the video were surprised by the worker’s encounter with one describing it as ‘a true horror movie.’”

Did the facts presented warrant a work injury claim? Scary or traumatic events do not necessarily translate into a work injury claim.

How Could This Incident Be A Work Injury?

In order for there to be a work injury, there must be a finding of a medical problem that can be either physical or mental nature.  This finding should be made by a health practitioner.  Thus, a worker believing that they were injured also need to present medical opinion of a work injury and a diagnosis.  If this worker believed that he sustained an injury, he could report a claim to his supervisor. He will then be sent for treatment and evaluation.

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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AMERICAN AIRLINES EMPLOYEE STABBED BY CO-WORKER: INJURED WORKERS IN THE NEWS, #15

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An  American  Airlines Employee conflict resulted in a stabbing injury.

Was this a workers’ compensation injury?

It is reported that  there was a dispute between two American Airline Employees at Boston Long International Airport.  The dispute escalated into physical confrontation. One worker was stabbed by a multi-use tool and taken to the hospital with non-life threatening injuries. Foxnews.com

Can A Dispute Between Employees Be A Work-Related Injury?

Yes.  In the instant fact pattern, a dispute in the workplace during work hours would be an event that would be considered as work-related for the purposes of workers’ compensation.

Can a Physical Altercation Bar A Workers’ Compensation Claim?

Yes. California Labor Code Section 3600(a)(7) provides that “[w]here the injury does not arise out of an altercation in which the injured employee is the initial physical aggressor.”  Thus, if the Employee who was stabbed had thrown the first punch in the altercation, there is the possibility that their workers’ compensation claim could be barred.  The issue of who was legally the initial physical aggressor is a matter determined by a Judge. A tri  It is important to note that it is the “physical” aggressor who is barred.  Thus, someone initially verbally insulting someone and causing the altercation would not be barred.

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.

What You Need To Know About Injured Workers, No-Fault Injuries, & Workers’ Compensation

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Workers’ Compensation, being a “no-fault” system, provides compensation for injuries caused by slips, trips and falls.

Slips, trips and falls constitute the second most common injuries within workers’ compensation.

The injuries from slips, trips and falls can range from physical injury to death.

Slips, trips and falls are the most expensive injuries as far as US workers Compensation costs.

This article will discuss the nature of  slip, trip and fall injuries.

Can Slips, Trips and Falls Be Workers Compensation Events?

Yes. Workers’ Compensation is a “no fault” system. Therefore, even if the worker was clumsy and slipped, tripped or fell and injured themselves, they are still able to receive workers’ compensation medical treatment and benefits.

What Are the Most Common Injuries as a Result?

Sprains, strains, dislocations and tears to the lower extremities are the most common injuries after a slip, trip or fall.  Bell JL, Collins JW, Chiou S. Effectiveness of a no-cost-to-workers, slip-resistant footwear program for reducing slipping-related injuries in food service workers: a cluster randomized trial. Scand J Work Environ Health. 2019 Mar 1;45(2):194-202. doi: 10.5271/sjweh.3790. Epub 2018 Dec 6. PMID: 30519704.

Lower extremity injuries can include the hips, the legs, the knees, the ankles and the toes.

How Are There Fatalities from Falls?

Although falls from height are more likely to result in a fatality, falls on the same level occur more frequently and cause significant morbidity, with recent US Bureau of Labor Statistics data showing that 50% of all same-level falls resulted in >10 days sick leave.  Bell JL, Collins JW, Chiou S. Effectiveness of a no-cost-to-workers, slip-resistant footwear program for reducing slipping-related injuries in food service workers: a cluster randomized trial. Scand J Work Environ Health. 2019 Mar 1;45(2):194-202. doi: 10.5271/sjweh.3790. Epub 2018 Dec 6. PMID: 30519704.

Absent a Fatality from the Accident Itself, How Can A Fall Become a Fatality?

In certain circumstances, fall injuries can lead to compensable consequences.  They a fall make may someone sedentary and bedridden.  This sedentary state can cause the individual to develop a host of medical problems which may, in the end, result in a fatality.

For example, “hip fractures in the elderly is an important problem that can lead to death. Many studies reported the mortality rates of hip surgery after 1 year ranged from 12.7 to 29.2%. In …[one], the total mortality rate 1 year after injury was 16.6%, similar to those reported previously. arthroplasty.biomedcentral.com

What Is the Most Common Means of Injury?

“Slipping (foot slides out of place away from a person’s base of support) is the most common precursor to slip, trip and fall injuries in various diverse worker populations.”  Bell JL, Collins JW, Chiou S. Effectiveness of a no-cost-to-workers, slip-resistant footwear program for reducing slipping-related injuries in food service workers: a cluster randomized trial. Scand J Work Environ Health. 2019 Mar 1;45(2):194-202. doi: 10.5271/sjweh.3790. Epub 2018 Dec 6. PMID: 30519704.

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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