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CAN A TEARFUL EVENT AT GARDENA COMMUNITY HOSPITAL BE A WORK INJURY? INJURED WORKERS IN THE NEWS, #7

Posted on December 30, 2021 by Edward Singer

In the news, a recent horrifying event allegedly occurred at the Gardena Community Hospital. It is reported that dead covid-19 patients’ bodies were mishandled. The allegation reported is that these bodies were left outside in the rain. An anonymous witness indicated that “Security had tears in their eyes. They’re crying. Some of the security had to leave because they got fluid on their clothes when they did move the bodies,” the witness said. cbslocal.com

The issue presented is whether this event could be a work-related injury.

Was There a Work-Related Injury?

Possibly. The alleged facts are certainly extremely distressful. Further, they did create an emotional reaction. The question, however, is whether this stressful event caused an emotional injury. Labor Code Section 3208.3(a), provides that “[a] psychiatric injury shall be compensable if it is a mental disorder which causes disability or need for medical treatment, and it is diagnosed pursuant to procedures promulgated under paragraph (4) of subdivision (j) of section 139.2 or, until these procedures are promulgated, it is diagnosed using the terminology and criteria of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Third Edition-Revised, or the terminology or criteria of other psychiatric diagnostic manuals generally approved and accepted nationally by practitioners in the field of psychiatric medicine.”

Thus, if the Security Guards went to a mental health practitioner and were diagnosed with a mental disorder, they may be able to pursue a claim. Mere upset or distress relating to the event would not be a sufficient basis to pursue a claim.

Who Was the Employer?

Workers’ Compensation claims are to be filed against one’s employer. Security Guards at facilities are often employees of independent Security Companies that contract with institutions. In other words, the hospital may have hired a security company to provide security guards. If this is the case, the security guards would file their workers’ compensation claim with their company and not the hospital. If they were hospital employees, they would file with the hospital.

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.

CAN WATCHING TIK TOK VIDEOS CAUSE A PSYCHIATRIC WORK INJURY? INJURED WORKERS IN THE NEWS #6

Posted on December 28, 2021 by Edward Singer

A Tik Tok Moderator is suing the company for severe psychological trauma.

The facts reported are unique. The Moderator, while performing duties for TikTok, actually worked for a Third Party Contracting Firm called Telus International.

She is currently pursuing a civil action against Tik Tok.

She reports psychological trauma relates to watching hours of graphic content to moderate it to see if the videos meet community guidelines before they are placed on the platform. Additionally, she reported that there was so much content that they would watch three and ten videos at the same time in order to keep up during their 12-hour shifts. Additionally, moderators were only allowed to take one 15 minute break in the first four hours of her shift, and then was only permitted to take additional 15 minute breaks every two hours afterwards. She reported that TikTok ‘heavily punishes any time taken away from watching graphic videos.’ It is reported that as a result of her work, she suffers from depression, anxiety, and PTSD, which left her with ‘severe and debilitating’ panic attacks. Dailymail.com

Given the fact pattern, there are important issues concerning whether there is a valid workers’ compensation claim.

Who Was the Tik Tok Moderator’s Employer?

The facts indicate that she did not work for Tik Tok directly. She worked for a Third Party Contracting Company. For workers’ compensation purposes, her actual employer was the Third Party Contracting firm and not Tik Tok. Since she is not an employee of Tik Tok, she reportedly is pursuing a civil action against them.

Is There a Basis for a Psychiatric Work Claim?

On an initial assessment, there is ample evidence to support a claim for a psychiatric injury. To do so, however, the predominant cause, must be work-related and a substantial cause, 35-40 percent, cannot be the result of a non-discriminatory good faith personnel action.

Therefore, two things must take place. First, an assessment should be made concerning stressors outside of work. Second, an assessment should be made as to the nature of the employment stressors. Are the stressors to be considered as personnel actions? If so, were they non-discriminatory and in good faith?

Thus, an analysis would be done as to the various sources of work stress: viewing disturbing content, viewing multiple videos at the same time, the demand to continue work duties viewing the content. In the end, a Trier of Fact or Judge will determine issues of non-discriminatory good faith personnel action.

Does The Worker Have An Injury?

It is reported that she suffers from depression, anxiety and PTSD. She reported that she suffered from severe and debilitation panic attacks. If these diagnosis were confirmed by a medical health provider within the workers’ compensation system, the psychiatric injury is valid. The causation factor, as described above, would determine whether it is to be considered as industrial or work-related.

What If I Need Legal Advice?

SHELTER WORKERS AND JOB STRESS: PSYCHIATRIC INJURIES FOR SHELTER WORKERS AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Posted on December 7, 2021 by Edward Singer

Animal Shelter Workers perform an essential role in society. Dealing with abandoned or unwanted animals can be difficult. This difficulty exposes Shelter Workers subject to unique levels of emotional stress. If this emotional stress gives rise to an emotional injury, a the Worker can file a Workers’ Compensation Claim to obtain necessary treatment and benefits. Hoy-Gerlach J, Ojha M, Arkow P. Social Workers in Animal Shelters: A Strategy Toward Reducing Occupational Stress Among Animal Shelter Workers. Front Vet Sci. 2021 Nov 10;8:734396. doi: 10.3389/fvets.2021.734396. PMID: 34859083; PMCID: PMC8631323.

This article will discuss the particular stressors and the psychiatric medical condition that they are at risk of developing.

What Are Stressors Unique for Animal Shelter Workers?

Exposure to Animal Suffering: Animals turned into shelter may be ill or abused.

Exposure to Animal Death: Animals may either be euthanized or die naturally.

Caring: Workers are emotionally invested in both the animals’ care and welfare

Burnout: Workers are required to continuously engage in the activities listed above

What Emotional Problems Can Develop?

It has been found that Animal Shelter Workers are at “five times greater risk of developing Post-Traumatic Stress Disorder as compared to the national average.” Their level of PTSD is along the lines of safety officers. Hoy-Gerlach J, Ojha M, Arkow P. Social Workers in Animal Shelters: A Strategy Toward Reducing Occupational Stress Among Animal Shelter Workers. Front Vet Sci. 2021 Nov 10;8:734396. doi: 10.3389/fvets.2021.734396. PMID: 34859083; PMCID: PMC8631323.

What If I Need Legal Advice?

Did A Not So Soup-er Customer Cause A Work Injury?: Injured Workers In the News, #1

Posted on November 15, 2021 by Edward Singer

Restaurant Workers, with both COVID-19 and work shortages, are encountering unprecedented stress. Restrictions and delays have customers are acting out in outrageous ways. Recently, a Restaurant Manager had a scary encounter with hot soup.

It is reported that an angry Customer threw hot soup in a Restaurant Manager’s face. The Customer was upset because she found plastic melted into the soup. The soup was spicy menudo. Criminal charges have been filed against the Customer. The Manager, who was struck by the soup, stated “the experience itself was traumatizing and heartbreaking.’ Dailymail.com ‘[I] felt my spirit had been broken just knowing someone could do something so awful and then laugh about it.’ Dailymail.com

Was There A Workers’ Compensation Injury?

Possibly. A workers’ compensation injury requires that a body part be injured. From the facts, it is possible that the Manager suffered a burn injury as a result of the hot soup. Also, it is possible that she may have suffered an injury to her eyes. Additionally, she may have suffered a psychiatric injury. From the reports, she expressed some emotions concerning the incident.

Any injury claim should be supported by medical evidence. Thus, a medical report documenting a burn is important. The same would be with respect to an eye injury. Finally, any psychiatric injury claim should be supported by the opinion of either a psychiatrist or psychologist.

Why Is The Burn Injury Unique In This Case?

In this case, under California Law, if the Manager’s eyes were burned in the incident she might be entitled to an extended period of disability benefits. Chemically burned eyes is a basis for these extended benefits. Whether spicy soup would be considered as a “chemical” would be an issue worthy of litigation. The soup may have contained particular chemicals that could cause an ocular burn. Medical opinion would be required to prove this fact.

Are There Any Other Sources of Benefits Beyond Workers’ Compensation?

In light of the alleged criminal activity, the manager, if in California, could seek assistance through the California Victims’ of Crime program. https://www.workinjuryhelp.com/california-victim-compensation-program-calvcp/

Also, there is a possible lawsuit for personal injury against the customer who caused the injury.

If the Customer’s Complaint About the Soup Was Correct, Would That Impact A Workers’ Compensation Claim?

No. With respect to workers’ compensation law, claims are “no fault.” Thus, even if the manager had been responsible for the hot soup problem, she would still be able to pursue a work injury claim.

What If I Need Legal Advice?

What You Need To Know About Qualified Medical Examiners’ Ethical Requirements

Posted on October 27, 2021 by Edward Singer

Injured Workers have certain rights with respect to attending Qualified Medical Evaluations. Further, Qualified Medical Evaluators have obligations towards the Injured Workers.

There are rules and regulations for Qualified Medical Evaluators. Knowledge of these rules can assist Injured Workers with respect to their evaluation. This discussion relates only to the actual appointment and not the QME’s reporting.

Section 41 Ethical requirements lays out QME evaluation expectations.

How Am I To Be Treated?

All Injured Workers, regardless of being representing, are to be treated by QMEs in the same matter.

What Should QME Offices Look Like?

The QME offices are to be clean, professional physician’s offices.

They should contain functioning medical instruments and equipment appropriate to conducting the evaluation within the physician’s scope of practice.

They should have a functioning business office phone with the phone number listed with the Medical Director for that location which a party may use to schedule an examination or to handle other matters related to a comprehensive medical/legal evaluation.

How Should You Be Treated?

The QME should not request you to submit to an unnecessary exam or procedure. They should refrain from treating or soliciting to provide medical treatment, medical supplies or medical devices to you.

The QME should communicate to you in a respectful, courteous and professional manner.

Can QMEs Reschedule Appointments?

QMEs are to refrain from Refrain from unilaterally rescheduling a panel QME examination more than two times in the same case.

QMEs are to refrain from unilaterally rescheduling a panel QME examination more than two times in the same case. Refrain from cancelling a QME examination less than six (6) business days from the date the exam is scheduled without good cause and without providing a new examination date within thirty (30) calendar days of the date of cancellation.

What If There Is a Violation?

An Injured Worker could consider filing a complaint with the Department of Industrial Relations.

What If I Need Legal Advice?