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DID HOSPITAL WORKER’S GROIN INJURY RESULT IN AN INDUSTRIAL DEATH CLAIM? INJURED WORKER IN THE NEWS, #52

A Hospital Worker tragically died.   Law enforcement considers the death to be a homicide.  The alleged cause for the homicide was a kick in the groin.   Do the facts give rise to legitimate workers’ compensation  work-related death claim?

It is reported as follows:  a Hospital Worker had an altercation with a patient.   A mental health evaluation patient was trying to leave the hospital when the staff tried to prevent her from leaving.  The incident got physical.   The patient began to “swing her arms and pull away from security when (an employee) attempted to grab her arms. The Mental Health Unit eventually had to step in.” The patient allegedly started to kick and then struck a Hospital Worker with her knee in the groin.  The Hospital Worker, after the injury, was in the ICU for three days. Tragically, he died. katv.com

The article reporting on the matter indicated that “[a]uthorities say after a review of medical records and investigation, the cause of death is physiological stress associated with a physical altercation in the setting of cardiomegaly and obesity.”  katv.com

The coroner commented that “[t]here’s a lot of people walking around with the same medical conditions he had, that might live for another 15-20 or 25 years, had it not been for the kick to the groin.”  katv.com

This article will discuss the hurdles required to prove a death claim in this matter.  This article will discuss issues of causation and medical legal reporting.

Is The Coroner’s Opinion Enough to Prove the Death Is Work-Related?

The answer is “no.”  In California, Workers’ Compensation Law has standards of causation.  The doctors must express their opinion within the workers’ compensation framework.  With respect to a death claim, the medical evaluator should express their opinion within reasonable medical probability.  Further, with respect to a death case, the issue is whether the industrial injury was a “contributing” cause.  The South Coast Framing case  established the “contributing cause” standard for death cases.  (South Coast Framing, Inc. v. Workers’ Comp. Appeals Bd. (2015) 61 Cal.4th 291 [188 Cal.Rptr.3d 46, 349 P.3d 141].)  As we don’t know whether the Coroner’s opinion was within reasonable medical probability or whether it addressed causation as a contributing cause, on it’s face, it could not be used as evidence.

Thus, a medical opinion must have the correct language.   It should also be noted that criminal law has a different burden of proof.  Therefore, clarification is needed within a workers’ compensation framework.  It is possible that what might not be considered criminal causation can still be valid for the purposes of industrial causation.

What Medical Evidence  Is Needed To Proof the Death Was Work-Related?

In this matter, either the treating physician or a medical evaluator, QME or AME,  should be employed to render an opinion on industrial causation of the death.   The question would be whether the attack “contributed” to the injured worker’s death.  The worker’s involvement, i.e. physical activities, in the altercation can be viewed as a whole as opposed to the mere kick.  In other words, the stress, mental or physical, from the incident can be considered with respect to industrial causation for the death.  As noted, workers’ compensation should look at the totality of the incident and not the mere kick to the groin to make the assessment.

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.

RESTAURANT STAFF ASSAULTED IN SAUCE-Y DISPUTE: INJURED WORKERS IN THE NEWS # 46

Fast Food Workers are being subjected to unprecedented dangers.  Minor disputes with Customers,  such as over condiments, have led to both injury and tragedy.  A recent assault of Fast Food Workers in New York is both disturbing and unique.

Fancy French Fry Establishment Workers were assaulted by a trio of unruly customers upset over the $1.75 extra sauce charge.  Objects were thrown,  a crowd of spectators watched and did nothing, and the incident was, in a large part, captured on video.    It is reported that “[t]he women went ballistic, tearing down the plexiglass COVID guard along the counter, ripping out the cash register and hurling glass bottles and stools at the employees.” NyPost.com

The incident was so high profile that the worker were interviewed.  One reported bleeding from their scalp.  Another reported an aggravation of their blood pressure condition.  A number of them reported being fearful and hesitant about returning to work.

Is The Video Sufficient to Win a Workers’ Compensation Case?

No. The video is not sufficient to win these workers’ cases.  The video, however, is powerful evidence as to what happened.  Workers’ Compensation claims require medical reporting to support claims and entitlement to benefits.  Given the facts, the injuries from the incident include a head trauma, an aggravation of hypertension, and psychological complaints.

Can An Aggravation of Blood Pressure Be Claimed As A Work Injury?

Yes. An aggravation or acceleration of a pre-existing condition can constitute a work related injury in California.  A medical specialist, either a treating doctor or an evaluator, will be required to offer an opinion.

Are The Injured Workers’ Feelings and Actions Sufficient For Them To Get Workers’ Compensation Benefits?

No.  In the facts, some of the workers remained at home as a result of the injury.  In order for them to get workers’ compensation benefits for missing time from work, they need to be placed off work by a medical professional.  Workers who need to be off of work need to seek medical attention and have their providers determine their ability to work. A worker’s personal opinion is not sufficient.

Is There a Threshold To Prove A Psychiatric Injury In These Matters?

For each individual worker, they all must meet the threshold to prove a psychiatric injury.   In this matter, is it possible that the Labor Code Section 3208.3 provision concerning violent acts may apply.  The section indicates, “in the case of employees whose injuries resulted from being a victim of a violent act or from direct exposure to a significant violent act, the employee shall be required to demonstrate by a preponderance of the evidence that actual events of employment were a substantial cause of the injury.”  In this matter, if the parties cannot agree that the incident was a violent act, then it would be the Workers’ Compensation Judge to make that determination.

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.

ATTACK AT HOSPITAL WITH MEDICAL WORKERS STABBED: INJURED WORKERS IN THE NEWS # 40

Headlines reported that Encino Hospital Workers were attacked a stabbed by an Attacker.  These workers were reportedly in critical condition.  Dailymail.com

This article will discuss the immediate concern on this matter.

What Is the Major Concern with This Incident? 

Given the facts and the assumption that the same knife was used in the attack each victim, it is likely that the workers may have been exposed to each others blood.   Thus, a long term issue is the concern with respect to this injury is whether the workers were exposed to a  Blood Borne Illness.  Blood Borne Illnesses include Malaria, Syphilis, and Brucellosis, and Hepatitis B (HBV), Hepatitis C (HCV) and the Human Immunodeficiency Virus (HIV).  As such, treatment and monitoring for these illnesses would be part of the work injury protocol.  Thus, besides treating the Injured Workers  wounds and likely psychological injuries, an additional Internal Medicine Program will be included to provide prophylaxis treatment as well as testing and monitoring for blood borne pathogens.

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.

MACY’S EMPLOYEE ROBBED AND ASSAULTED AT WORK: INJURED WORKERS IN THE NEWS #5

In California, in part due to failed social policies, Retail Store Employees have been placed at risk as a result of an epidemic of “smash and grab” robberies.  As these “smash and grab” robberies have increased,  the odds are increasing for more confrontations between Employees and Criminals. More recent robberies have included violent acts.

At the San Jose Macy’s, it is reported that at least six male suspects entered the mall-based store.  The Macy’s Loss Prevention Team approached the suspects and tried to stop the robbery. In this encounter, it is reported one of the Employees sustained minor to moderate injuries. Foxnews.com

This article will discuss the rights of this Injured Employee.

Can This Employee File a Workers’ Compensation Claim?

Yes.  The Employee may file a workers’ compensation  claim for her work injuries. This worker may have sustained both physical and mental injuries. Also, in this circumstance, the insurance company could possibly raise the defense of “initial aggressor” if the employee initiated the physical altercation,  i.e. threw the first punch.  A Trial Judge would make such a determination.

What Is The Difference Between A Physical Versus A Mental Injury?

Physical versus Mental injury is a distinction within workers’ compensation.  Physical Injury causation standards are different from Mental Injury standards.  Thus, it is possible that an Injured Worker can have a compensable Physical Injury claim but have a non-compensable Mental Injury claim.  Physical Injuries can be orthopedic in nature, ie. back or neck, and they can be internal medicine in nature, ie. heart attack.  Mental Injuries are Psychiatric Injuries, ie. Depression or Post Traumatic Stress Disorder.

What Other Claims Can This Individual Have?

Assuming this worker was assaulted by the robbers, the Worker could pursue a personal injury claim against the assailants  Also, they could file a claim with the Victims of Crime Board.  Finally, they could pursue their workers’ compensation claim.

What If I Need Legal Advice?

If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.

 

 

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WCITN #13: A Tragedy On The Way Home From Work

A NFL Referee tragically died recently after working a football game involving the Kansas City Chiefs and the Tennessee Titans. According to the reports, he “was driving home to Weldon Spring, Missouri, when he reportedly had a medical issue. Upon arrival, Metro Nashville police found Madsen unconscious. Police spokesperson Don Aaron said officers broke open a car window, removed Madsen from the vehicle and performed chest compressions. He reportedly was taken to St. Thomas Midtown Hospital, where he later died.” Nypost.com

Is This a Work Injury?

The answer is maybe.  It depends on the medical condition which caused his death.  If work contributed to the condition which resulted in his passing, a workers’ compensation death claim is possible.

If He Was Driving Home From Work, Would That Matter?  

Possibly.  First, there is the “going and coming rule” that may apply.  For the Referee, it could be argued that his commute would be an exception to the rule and would therefore be work-related.   Second, under a cumulative trauma theory of injury, if his working contributed to the condition, then it would be work-related.  Thus, even if his demise happened off of the worksite, this would not necessarily bar a claim.

How Would This Claim Be Proven?

A medical diagnosis is necessary.   Also, a medical opinion indicating that work contributed to the medical condition which caused his demise would be indicated.

What Benefits Would Be Received In This Claim?

In this matter, if the injury is work-related, the medical bills for the treatment would be paid.  Burial expenses would be paid.  Dependency benefits would be paid if indicated.

What If I Need Legal Advice?

If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.

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