deeply worried old man consoled by his wife

HIGH SCHOOL COACHES STRESSED BY HARASSMENT: INJURED WORKERS’ IN THE NEWS, #108

Long Beach High School Basketball Coaches are reportedly getting  harassed on the job. It has been reported reported that a second coach recently resigned.

With the last resignation, the Coach indicated that they received text messages from the parents. “It was eating me alive—the text messages I received, the messages going back and forth on Instagram,”  Nbc News.  The reporting noted that “both coaches emphasized that these aggressive parents are making volunteer coaching positions difficult to justify, as the toll on mental health becomes too significant.” Nbc News.  The news report that the Long Beach Unified School District was contacted on the matter and refrained from making any comment.

This post will explore whether this particular fact pattern could give rise to a workers’ compensation injury claim.

Can Someone File a Stress Claim If They Resign?

A resignation due to stress would not bar a workers’ compensation claim.  An Injured Worker can pursue a claim regardless of their employment status.  In this instance, the claim would likely be a stress or psyche claim.  Thus, the claim would be for a psychological injury such as an anxiety or depressive disorder.

Can Someone Claim Benefits If They Are A Volunteer?

Yes. It is possible that a Volunteer can claim workers’ compensation benefits.  There are some provisions that allow volunteers to file claims. These individuals should check  with the HR department to see if they are eligible.

Does Parental Harassment Constitute Job Stress?

Yes. Parental harassment would be considered as an industrially related stress.

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.

WAS A HIGH SCHOOL BASKETBALL COACHES’ PARKING LOT INJURY WORK-RELATED? INJURED WORKER IN THE NEWS, #105

According to a Foxnews.com report, a High School Basketball Coach was assaulted in a parking lot and sustained injury to his head, neck, face and arms.   The conflict apparently was as a result of the Coach benching a player.  After the game, it is alleged that the player, along with his brother, committed the violent act.

This article will discuss, under California Workers’ Compensation Law, whether the injury would be considered work-related?

Can An Injury in a Parking Lot Be Work-Related?

California Workers’ Compensation Law has established caselaw to address employer parking lots. “On the basis of this rule it has been consistently held that the protection of the compensation law extends to injuries sustained by an employee in a parking area maintained by the employer for the use of employees, the theory being that a contract of employment which contemplates parking by employees on the premises must necessarily contemplate their entry and departure via the parking area and a reasonable interval of time and space for doing so.” (North American Rockwell Corp. v. Workmen’s Comp. App. Bd. [(1970)] 9 Cal. App. 3d 154, 157 [35 Cal. Comp. Cases 300, 87 Cal.  Rptr. 774] see Cal. Cas. Ind. Exch. v. Ind. Acc. Com., supra, 21 Cal. 2d 751, 754 Pacific Indem. Co. v. Industrial Acc. Com. [(1946)] 28 Cal. 2d 329, 336 [11 Cal. Comp. Cases 148, 170 P.2d 18]  [**5] Van Cleve v. Workmen’s Comp. App. Bd. [(1968)] 261 Cal. App. 2d 228 [33 Cal. Comp. Cases 219, 67 Cal. Rptr. 757].)”

In the present matter, while one can argue about whether the assault was a continuation of work activities, this dispute is not necessary to determine work-relatedness. The fact that the beating took place in the parking lot is sufficient to make it a work-related event.  As long as the Coach was not the initial physical aggressor, the injury should be considered as work related for the purposes of providing workers’ compensation benefits.

What If I Need Legal Advice?

If you want a free consultation regarding workers’ compensation, please get in touch with 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.

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