Occupational group

MASCOT PUNCHED OUT: INJURED WORKERS IN THE NEWS, #87

Posted on June 14, 2023 by Edward Singer

During a planned skit, the Miami Heat NBA Team Mascot got a rude awakening. According to reports, he was belted by a famous mixed martial arts champion. As a result of two punches that were struck, the Mascot was hospitalized and provided pain medication. It is reported that he will not be missing anytime as a result of the injury.

Can The Mascot Sue The MMA Fighter?

Possibly. It is reported that this matter was a publicity stunt. It is possible that the MMA star could also be an employee of the same company that the Mascot worked at. If this matter was in California, the exclusive remedy rule may be in play and the Mascot would be limited to pursuing the workers’ compensation claim. On the other hand, if the MMA Fighter was not employed by the same company, he could be sued via a civil suit.

What Would The Mascot’s Occupational Rating Group Be In This Instance?

In California Workers’ Compensation, there is the dual occupation rule. In this instance, the Mascot, at the moment of injury, was in essence working as a Stunt Person. The question is “whether a Stunt Person’s Occupation group get the Mascot a better rating?” In order to figure this out, the parts of the body to be rated would be necessary.

Are There Any Other Issues On This Claim?

A possible issue in this matter is the Mascot’s wages. It is possible that the Mascot job may not be a full time position. It is likely that the Mascot has some other employment. In California, there is a special formula that is used to calculate wages in this circumstance.

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 30 years. Contact us today for more information.

WAS HOSPITAL WORKER INJURED AS A RESULT OF PLAYING THE ROLE OF AN ACTIVE GUNMAN? INJURED WORKER IN THE NEWS #84

Posted on May 26, 2023 by Edward Singer

A Hospital’s Active Shooter Drill apparently went amuck. Psychiatric Hospital Worker asked to play the role of an Active Shooter was arrested when the Police were not aware of the drill. As a result, he was handcuffed. According to a lawsuit filed, the Hospital Worker “heard the safeties come off the police officers’ weapons. [He] was scared for his life.”

It was further reported that he was traumatized and he “It’s really a struggle for me to come there every day,” he told the Free Press, adding that he returned to work the next day but left early because he felt uncomfortable.” It was also reported that “he’s only received a “half-assed” apology from his supervisor, adding that counseling he was provided wasn’t useful.” According to his lawyers, “he has suffered “anxiety, fear, depression and even suicidal ideation in the days, weeks and months since this incident.” It was reported that “his lawyer is helping to get him mental health treatment after his request was denied.” Detroit Free Press

What Was Applicant’s Occupation At The Time of the Injury?

Occupations, at the time of the injury, can determine the nature and extent of an Injured Worker’s permanent disability. In this fact pattern, the Injured Worker engaged in an activity far different from his job as a Psych Tech. Technically, one could indicate that he would be considered as an Actor.

In California, the type of employment allows for an occupational adjustment. Occupational adjustments take place in the rating formula. Bodily injuries are adjusted upwards and downwards based upon factors including arduousness. For example, a furniture mover would get an increased rating for the low back injury.

With respect to this individual, a legitimate inquiry into occupational group would be indicated. An actor’s mental capability might be considered more arduous or taxing versus a Psych Tech.

Are The Symptoms He Reported on Important for Permanent Disability?

Yes. In California, the Injured Worker not only spelled out symptoms, he also commented upon his ability to function. One serious symptom he indicated was suicidal ideation. For functioning, his difficulty being a work setting is worthy of consideration.

In California, Psychiatric impairment are evaluated by the physician using the Global Assessment of Function (GAF) scale. The resultant GAF score shall then be converted to a whole person impairment rating. To assess the GAF score both an individual’s symptom severity and level of functioning are considered.

What Are Injured Individual’s Treatment Rights?

The fact pattern indicates that the Injured Worker’s treatment was not helpful.

In California, an Injured Worker is able to choose their own doctor. Even if an Injured Worker is within a Medical Provider Network from the Insurance Company, they are allowed to choose their doctor. Thus, under Labor Code Section 4600, this Injured Worker, if they did not find the treatment helpful, could have changed to another doctor.

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ANGRY CUSTOMER + MACHETE + A DICK’S SPORTING GOODS STORE MANAGER = WORK INJURY: INJURED WORKER IN THE NEWS, #53

Posted on August 15, 2022 by Edward Singer

A Dick’s Sporting Goods Store had quite an incident. A Customer, angry over the fact that he could not purchase a gun, reportedly took out a machete and slashed the Store Manager and 2 others. The Store Manager is reported to have serious injuries to his torso, arms, and head. It is reported that the Manager suffered severed tendons in the arms. TimesofIsrael.com

Does Workers’ Compensation Treat All Injured Body Parts Treated Equally?

No. In California Workers’ Compensation, each body part is addressed separately. Each body part, not including psych injuries, is to be assessed under the American Medical Association Guidelines 5^th Edition. A Whole Person Impairment is assigned to each body part. This impairment is translated into a rating percentage. The Worker’s Occupation is also used to adjust the rating percentage. Per the Rating Schedule, After the rating is adjusted for diminished future earning capacity, it is then modified to take into account the requirements of the specific occupation that the employee was engaged in when injured. SCHEDULE FOR RATING PERMANENT DISABILITIES 2005. The adjustment is based upon who value the body part is to the occupation. In other words, a job that requires lifting will get added value for a back. With the Manager, their torso, arms, and head will be assigned distinct values. With a Manager, the head may be rated higher both on a cosmetic level and on a cognitive level versus the torso and arms. Should a psychiatric injury be pled, that rating percentage would go upwards as a Manager’s job requires a significant mental capacity.

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A DOLPHIN ATTACKS TRAINER: INJURED WORKER IN THE NEWS, #30

Posted on April 14, 2022 by Edward Singer

In a Miami Aquarium, a Dolphin, “Sundance,” attacked his trainer. It was reported that the dolphin repeatedly struck the trainer and tried to pull the trainer down into the water. Apparently, the altercation may have been caused when the trainer had accidentally scratched the dolphin. After the attack, the visibly shaken trainer was taken by ambulance to a local hospital. www.local10.com

This article will discuss the legal issues of this incident within the California Workers’ Compensation System.

If the Trainer Accidentally Scratched the Dolphin and This Caused the Dolphin to Attack Him, Does This Bar The Trainer From Pursuing A Workers’ Compensation Claim?

No. Workers’ Compensation is a “no fault” system. Thus, an employee’s accidental contact causing an injury would not be a bar.

Does Applicant’s Animal Trainer Position Impact Their Compensation?

Yes. Permanent Disability assessment includes an injured worker’s employment class. This is called an Occupational Group Code. A job’s physical arduousness can increase the permanent disability. Per the Rating Manual, an Animal Trainer’s group number is 390. Since Animal Trainer’s job can be quite physical, there is a likelihood that they will received a higher rating for certain body parts versus an injured worker with a less arduous job. For example, a secretary’s occupational adjustment would not be as good as an Animal Trainer.

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