Permanent Disability

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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.

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.

A BUSLOAD OF BUS DRIVERS INJURED WHEN THE WHEELS ON THE BUS DIDN’T GO ROUND N’ ROUND: INJURED WORKERS IN THE NEWS #49

Posted on July 25, 2022 by Edward Singer

A bus load of Bus Drivers were injured when a bus driven by a Bus Driver flipped and crashed. Dailymail.com

It is reported that “the bus had been carrying 37 adults – 36 passengers and the driver – police said. Police had said those on board were employees of the same company, but did not specify the origination. All 36 passengers were treated for injuries at the scene, police said Thursday, with three needing to be hospitalized.” Dailymail.com

This article will address of an issue that results from an industrial accident involving multiple workers.

Is There A Personal Injury Claim that Can Be Filed Against the Bus Driver?

No. It is reported that all of the passengers worked for the same company. Thus, workers’ compensation is the appropriate venue.

Since Everyone Was in the Same Accident, Will They All Receive the Same Recovery?

No. The fact that two individuals are in the same accident does not mean that they will receive the same recovery.

There are many factors that will create different results for disability awards.

Impairments: The body parts injured and the nature and extent of the injuries will determine the disability percentage.

Apportionment: Applicants with pre-existing disabilities or prior work injury awards may have their injuries reduced based upon these factors.

Age: Ratings are determined based upon age. Younger Employers get less value that older workers. This is based upon a table in the SCHEDULE FOR RATING PERMANENT DISABILITIES

Occupation: Ratings are determined by Occupational Group. In this instance, since all of the workers are bus drivers, they will all be assigned a bus driver group number. Had there been other types of workers in the bus, different group numbers would be assigned. Those group number could impact a rating percentage to go up, down or remain the same.

What if I Need Advice?

CALFORNIA HIGHWAY PATROL OFFICERS SERIOUSLY INJURED: INJURED WORKERS IN THE NEWS, # 34

Posted on May 3, 2022 by Edward Singer

A horrendous accident happened when an alleged drunk driver struck a parked California Highway Patrol aka CHP Squad Vehicle on the freeway. It is reported that the driver was traveling 95 miles per hour upon impact and that the cruiser. The police car erupted into flames.

The Officers were rushed to the hospital. One is with major injuries and the two others with moderate. One Officer was reported to have a neck brace on. It was reported that one Officer was dragged out the burning vehicle. Dailymail.com

Taking these facts, a hypothetical analysis of this incident will be done with an assumption that one of the Officers sustained burn injuries

Initially, What Benefits Will These Officers Receive?

California Highway Patrol Officers will initially receive a form of salary continuation benefits. Once salary continuation benefits have been paid, total temporary disability benefits will be picked up and paid at the “state rate,” The “state rate” is a term used for the regular rate mandated for claims.

Since The Officers Were In the Same Accident, Will Each Officer Get The Same Benefits?

No. While the California Highway Patrol Officers were in the same accident, they will all receive different benefits. Workers’ Compensation Benefits are based upon each individual’s injuries, their age, and their needs.

Assuming one of the Officers had severe burns, total temporary disability benefits can extended out to “240 compensable weeks within a period of five years from the date of the injury.” Labor Code Section 4656(a). This is opposed to other Officers who most likely do not have other 4656 exceptions apply. They would be eligible for a total of 104 weeks of temporary disability benefits.

What About Permanent Disability?

For permanent disability, each Officer will be assessed upon their body parts injured and their impairments. Likewise, they will be assessed differently based upon their age. Older officers will have a higher rating than younger officers irrespective that the injury happened on the same date. It is possible that the Officers may sustain the exact injury and impairment and get different ratings. This would be caused by the age adjustment in the rating. The only item in the rating that the officers will share is that they will be assigned the same occupational group for their rating.

What If I Need Advice?

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.

What If I Need Advice?

What You Need To Know About The Employee’s Disability Questionnaire & Workers’ Compensation

Posted on July 12, 2021 by Edward Singer

Injured Workers, in their Workers’ Compensation Claim, may be evaluated by a Qualified Medical Evaluator (QME) or an Agreed Medical Evaluator (AME.)

With respect to these Evaluations, Injured Workers are required to fill out a variety of forms. The DWC-AD Form 100 is one of those forms. It is the “Employee’s Disability Questionnaire.”

This article will discuss the “Employee’s Disability Questionnaire,” the questions that are asked, and how an Injured Workers’ case can be impacted the form.

Why is the DWC-AD 100 A Disability Evaluation Unit (DEU) Form?

QME reports or AME reports are sent to the Disability Evaluation Unit (DEU) are often sent to the DEU for a rating. Ratings determine Injured Workers’ Permanent Disability Percentages.

The form’s questions assist the DEU with information that impacts the rating formula.

What Is the Form’s Purpose?

The form is intended to “aid the doctor in determining your permanent impairment or disability.”

Who Gives the Injured Worker the Form?

Generally, the form may be sent to the Injured Worker in advance of the QME or AME evaluation. Sometimes, the evaluator’s offices will provide it to the worker.

What Happens to the Form?

The evaluator includes the form as part of their report. Insurance Companies, Attorneys and Injured Workers will receive it. For Unrepresented Injured Workers, the report, with the form, will be sent to the DEU for a rating.

What Questions Are Asked?

General identification information are requested which include providing your name, your social security number, your mailing address, your date of birth, and your date of injury.

You will also be asked your Employer’s Name, and the nature of Employer’s Business. You will be asked for the insurance company’s claim number(s.)

There are questions about the evaluation. You will also be asked how the Evaluator was selected. This can be by panel, agreement or sometimes at the request of a Workers’ Compensation Judge. They will ask evaluation details including the name of the doctor and the date of the examination.

Your will be asked about your job duties at the time of injury.

You will be asked about the disability caused by your injury. Note: Since this is form is attached to the QME report, it is your one opportunity to write down your unedited and unfiltered complaints. Judges, Insurance Companies, and Attorneys will be able to view your form and compare them to the QME’s reporting.

You will be asked about how the injury affects your work. Note: again, this is your one opportunity to write down to tell everyone involved your unedited and unfiltered opinion.

You will be asked as to whether you had a disability as a result of another injury or illness, If so, they ask you when and to describe it.

Why Are These Answers Important?

Your questionnaire’ answers assist the DEU with generating a Permanent Disability Rating. The for helps the DEU specifically with two issues: Occupational Group Number and Apportionment.

The Occupational Group Number can change a disability rating. It can cause it so go up, go down or remain the same.

The DEU will use the form to address apportionment. The questions provides information for the Disability Evaluation Unit so that they may make an annotation concerning apportionment. Apportionment determines how much of the disability relates to the injury. DEU ratings will often contain notes on apportionment.