MEDICAL TREATMENT

Home » Blog » MEDICAL TREATMENT

NEWS REPORTER SERIOUSLY HURT IN UKRAINE: INJURED WORKER IN THE NEWS, #28

Posted on April 11, 2022 by Edward Singer

A Fox News Reporter sustained severe injuries when he and his crew came under attack in Ukraine. According to reports, Mr. Hall, the reporter, wrote, “[t]o sum it up, I’ve lost half a leg on one side and a foot on the other. One hand is being put together, one eye is no longer working, and my hearing is pretty blown… but all in all I feel pretty damn lucky to be here – and it is the people who got me here who are amazing!” poynter.org

It is reported that he had extensive medical treatment. He was evacuated out of Ukraine. He was taken to Germany and then he was taken to Texas for treatment.

This article will discuss issues of this fact pattern as if it would fall under a California Workers’ Compensation Law.

Does Medical Treatment Include Transportation Costs?

Yes. Medical transportation is included as part of medical treatment In Mr. Hall’s instance, there was Med-Evac Treatment. In other terms, Medical Transportation is necessary as part of medical treatment. This is included with Labor Code Section 4600 under the provision to provide medical treatment which is reasonably required to cure or relieve from the effects of the injury. Air Ambulance Services are included under this provision.

Are There Any Special Benefits That Would Be Available Under Workers’ Compensation Law?

Yes. There are two body parts that may make Mr. Hall eligible for additional periods of temporary disability given the facts. The amputation would qualify him for the extended TTD benefits in accordance with Labor Code Section 4656. Likewise, his eye injury may also qualify him for the benefit. His injury to his eye was caused by a high velocity object or it was a result of a chemical burn. This determination will require a determination by a medical doctor as to the cause. The specific language in the statute is “high-velocity eye injuries” or “chemical burns to the eyes.”

What Would Be the Venue for This Claim?

While the injury happened in Ukraine, this claim will be filed at a particular state. Most likely, Mr. Hall’s claim could be filed at the location he works. Thus, if he is based out of Texas, Texas law may apply. Venue, at times, can involve a multitude of factors. This can include where his contract was made or which States Mr. Hall worked in at Fox. In otherwords, there may be a choice of venue given the facts of the case.

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.

SHOULD WORKERS’ COMPENSATION MEDICAL TREATMENT PROTOCOLS BE CHANGED?

Posted on April 5, 2022 by Edward Singer

California Workers’ Compensation Law has adopted the concept of Evidence Based Medicine as a means of allocating medical care to Injured Workers. A British Medicine Journal article should perhaps serve as a “wake up” call for the Department of Industrial Relations as to whether this reliance on EBM should be re-visited. The article entitled “The Illusion of Evidence Based Medicine.”

Evidence Based Medicine attempts to quantify the value of forms of medical treatment. Evidence Based Medicine can conduct various studies to determine whether particular surgeries, medications, treatments, or therapies are helpful to patients. Arguably, this is analogous to taking a survey on which ice cream flavor one likes. If there is a large consensus on vanilla, then there is a likelihood that vanilla will be served to everyone wanting ice cream. You, however, may prefer chocolate and derive much satisfaction from it.

Evidence Based Medicine depends upon reliable data from studies. It is reported, however, that confidential pharmaceutical industry documents have given insight that misrepresentations are present in the findings. This leads the author’s to conclude that evidence based medicine is an illusion. In other terms, Evidence Based Medicine, without proper evidence, is bogus.

The Workers’ Compensation System is premised on medical probability. Any false or inaccurate information, from any source, compromises the system. This includes opinions concerning medical treatment. Thus, bogus scientific studies cannot be used to deny medical care. Therefore, it would be wise if the Department of Industrial Relations reach out to those who administrate the medical authorization to address the serious concern raised by the article.

What If I Need Advice?

CAN A POLICE OFFICER CLAIM INJURY WHEN HE WAS BITTEN BY HIS PARTNER? INJURED WORKER IN THE NEWS, #26

Posted on March 31, 2022 by Edward Singer

In Florida, a Police Officer sustained a work-related injury when was bitten a fellow Police Officer. His K9 partner may have tried to take a bite out of crime but instead bit his partner’s arm. It is reported that the dog became agitated during an attempted arrest. The dog bit his handler. Dailymail.com

This fact pattern raises the questions as to whether an Employee can file a workers’ compensation claim when they get injured as a result of a co-worker’s mistake. The fact pattern raises a treatment issue. Dog bites present unique issues.

Can an Injured Worker File a Claim If They Are Injured By A Co-Worker?

Yes. Generally, workers’ compensation is a “no fault” system This applies to the actions of co-workers. Thus, the dog bite by his K-9 Partner is a valid workers’ compensation claim.

What Type Of Treatment Can Be Provided?

In the instance of a dog bite, there is a concern whether the dog may have had rabies. Thus, the Police Officer may be put on rabies treatment protocol. Likewise, treatment may be necessary to prevent infection.

Labor Code Section 4600 provides that “(a) medical, surgical, chiropractic, acupuncture, and hospital treatment, including nursing, medicines, medical and surgical supplies, crutches, and apparatuses, including orthotic and prosthetic devices and services, that is reasonably required to cure or relieve the injured worker from the effects of the worker’s injury shall be provided by the employer. In the case of the employer’s neglect or refusal reasonably to do so, the employer is liable for the reasonable expense incurred by or on behalf of the employee in providing treatment. (b) As used in this division and notwithstanding any other law, medical treatment that is reasonably required to cure or relieve the injured worker from the effects of the worker’s injury means treatment that is based upon the guidelines adopted by the administrative director pursuant to Section 5307.27.”

Thus, the medical providers treating these type of bite injuries, within the guidelines, will provide treatment to prevent infection on this matter.

What If I Need Advice?

WCITN #14: A Unique Film Production Injury

Posted on November 8, 2021 by Edward Singer

The Rust Film Production’s fatality was not the only work injury of interest. Another worker sustained a work injury when they were bitten by a venomous brown recluse spider. This occurred when the production was shutting down. The spider’s bite contained poison. As a result, the crew member has been hospitalized and may require the amputation of an arm. The injury occurred “on location.”

It is reported that “a lamp operator and pipe rigger, was working to wind down production of the film after cinematographer … was fatally shot…, when he was bitten by a brown recluse spider – a venomous spider that is native to North America.” It was reported he “started experiencing severe symptoms, including necrosis of his arm, which occurs when cells die, and sepsis.” Dailymail.com

There are several unique issues with regard this work injury:

Where Should the Workers’ Compensation Claim Be Filed?

The location of where a work injury is to be filed is generally referred to as the venue. Workers’ Compensation for private employers is generally a state issue. Thus, when there is a “on location” injury, the question arises as to which state would be the proper venue. This is an issue which is heavily factual. Where the employee lives, where the contract was made, where the employer is located, and where the injury happened as are relevant. A careful legal analysis must be done to determine venue. There are times when multiple states may serve as a proper venue.

Who Pays the Medical Bills?

In the news reports, there was concern about the Injured Worker’s medical bills. In California Workers’ Compensation Law, the Employer is 100 percent liable for paying medical bills that are generated in accordance with the Labor Code. Thus, it is important that the claim be made.

Is There Anything Special Concerning the Nature of the Injury?

Yes. If an amputation is required in the matter, the Injured Worker’s period of temporary disability payments would be extended from 104 weeks to 240 week which must be within the period 5 years from the date of injury.

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.

WCITN #3: Even Superheroes Get Hurt: What You Need to Know

Posted on July 21, 2021 by Edward Singer

Holy Cow Batwoman! Pow, Kabam! Ouch!

Ruby Rose, who played Batwoman, on the CW Television Show reported that she sustained two injuries while working on the program.

While wearing a latex Batwoman Mask, she developed an allergic reaction. She also had an accident on the set which required back surgery. foxnew.com

Can An Allergic Reaction Be An Industrial Injury?

Yes. Allergic reactions can be work-related injuries. If so, the Injured Worker will receive medical treatment paid for by the insurance company as well as monetary compensation.

Allergic Contact Dermatitis (ACD) is an inflammation of the skin caused by an immunologic reaction triggered by dermal contact to a skin allergen. For ACD to occur, a worker must be first sensitized to the allergen. Subsequent exposures of the skin to the allergenic agent may elicit an immunologic reaction resulting in inflammation of the skin. The reaction is not confined to the site of contact and may result in systemic responses. ACD may be caused by industrial compounds (i.e. metals, epoxy and acrylic resins, rubber additives, chemical intermediates), agrochemicals (i.e. pesticides and fertilizers), and commercial chemicals.

A common allergic reaction is latex allergies. Per the CDC, Latex Gloves have proved effective in preventing transmission of many infectious diseases. But for some workers, exposures to latex may result in allergic reactions. Reports of such reactions have increased in recent years–especially among Health Care Workers.

Can An Accident at Work Be An Industrial Injury?

Yes. Workers’ Compensation is “no fault.” Thus, if Ruby Rose had hurt her back by an accidental trip, she would still be able to have a valid claim. The claim would have paid for her back surgery, paid her compensation for her time off of work as well as provided her additional benefits.