Average weekly wage

Unprofessional Conduct: Referee Faces Charges for Assaulting Coach: Injured Workers in the News, #97

Posted on October 27, 2023 by Edward Singer

It was reported that in Corona, California, located in Riverside County, a Referee punched a Coach in the face during the course of a high school basketball game. It was reported that the Coach was punched in the face and sustained additional blows when he was on the ground. As a result of the alleged assault, the Coach was hospitalized and the Referee was arrested. breitbart.com

This article will discuss a number of issues that arise from this incident. These include Third Party Liability and Average Weekly Wage.

What Is Third Party Liability and Why Would It Apply Here?

While it is clear that the Coach sustained a work injury, the fact pattern suggest that there may be third party claims. A Third Party claim, in workers’ compensation, is a claim made concerning the incident against anyone other than the employer. In this instance, the Referee might be considered a third party that who could be sued. Further, it is possible that the Referee might be employed by someone other than the school district in which the Coach worked. If so, they could be sued as a Third Party. If, however, the Referee was also an employee of the school district, then the school district, being the employer of the individual at fault, and also the injured worker, could not be sued outside of workers’ compensation. This is called the exclusive remedy doctrine. Arguably, the Referee could be sued individually as he committed an intentional tort.

Why Are Earnings A Concern In This Type of Case?

In cases involving Coaches, there is the issue as to whether the individual has a full time position at the school district. If he had a part time position, then the adjustment of the claim would require the determination as to whether he had additional employment and wages. The calculation of Average Weekly Wage, for benefits purposes, can include consideration of wages from other employers.

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.

TIME OUT WHEN NFL MASCOT HURTS KNEE AND IS CARTED OFF FIELD: INJURED WORKER IN THE NEWS, #58

Posted on August 29, 2022 by Edward Singer

It is reported that Poe, the Baltimore Ravens’ mascot was carted off the field. They injured occurred during a mascot verses youth football team half-time match. The leg had to be stabilized. nypost.com

This article will discuss the complexity of what appears to be a simple workers’ compensation injury.

Does the Mascot’s Occupation Matter? What is Dual Occupation Rule? How Does This Apply?

In California Workers’ Compensation, an Injured Worker’s Occupation can determine the permanent disability percentage. A Worker’s “Occupational Group.” Thus, choosing the correct “Occupational Group” is important. There is a special rule that would apply in this fact pattern. The Dual Occupational rule looks at the activity that the Injured Worker was engaged in during the time of the injury. Thus, at the time of the accident, the Mascot was playing in a football game. Thus, there is an argument to be made the Mascot should be rated as an athlete versus a mascot.

Is There An Earnings Issue In This Case?

Workers’ Compensation benefits are connected to a Worker’s Average Weekly Wage. In this instance, it is likely that the team Mascot position was part time. In that instance, an investigation should be made as to whether the Injured Worker has earnings from other employment. The Average Weekly Rate is important as it is used to calculate disability rates for both total and permanent disability.

What if I Need Advice?

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

Posted on April 18, 2022 by Edward Singer

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?

What You Need To Know About The 2022 Total Temporary Disability Rate

Posted on January 26, 2022 by Edward Singer

Each year, the State of California sets the minimum and maximum total temporary disability payment rates.

The new 2022 minimum and maximum temporary total disability (TTD) rates effective on January 1, 2022, will be $230.95, per week for the minimum rate and $1,539.71, for the maximum.

What Does This Rate Change Mean For Injured Workers?

For Injured Workers with injuries on or after 1/1/22, they will be paid in accordance with the rates listed above. With some exceptions, one’s TTD rate is calculated as 2/3rds of one’s Average Weekly Wage. For those with earning less than $346.77, per week will be paid the minimum rate.

For Injured Workers with injuries before 1/1/22, if they are continuing on TTD and the payment is two years or past the date of injury, their payments will be adjusted to the 2022, effective rate based upon their average weekly wage. This is pursuant to Labor Code Section 4661.5.

What if I Need Advice?

CALIFORNIA’S TOTAL TEMPORARY DISABLITY RATES FOR 2021: INJURED WORKERS, WORKERS’ COMPENSATION, AND DISABILITY PAYMENTS: WHAT YOU NEED TO KNOW

Posted on January 8, 2021 by Edward Singer

The State of California Department of Industrial Relations announced the total temporary disability rates for 2021 (See DIR Release Number: 2020-95, November 2, 2020.)

The current maximum rate is now $1,356.31, per week. The current minimum rate is to be $203.44.

Thus, total temporary disability payments that are due for dates of injury occurring on 1/1/21, and thereafter in 2021, are to be at these rates. For prior injury dates, if the total temporary disability payments are made two years after the date of injury, then they are to be paid out at these new amounts as well.

Generally, total temporary disability payments are calculated by 2/3rds of the Injured Worker’s Average Weekly Wage at the time of the injury.

What if I Need Advice?