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Psychological Injury & Work-Related Injuries: What You Need to Know

Researchers studying industrial medicine have identified two types of common job stressors;  high psychosocial work demands and low job control are the two sources.

With respect to these two job stressors, research has suggested that they are associated with an increased risk of depression.  This assessment is not, however,  without controversy.  There are some researchers who have found the connections with high work demands as being significant while others have found the other major stressor, low job control, to be significant.  Seidler A, Schubert M, Freiberg A, Drössler S, Hussenoeder FS, Conrad I, Riedel-Heller S, Starke KR. Psychosocial Occupational Exposures and Mental Illness. Dtsch Arztebl Int. 2022 Oct 21;119(42):709-715. doi: 10.3238/arztebl.m2022.0295. PMID: 36345690; PMCID: PMC9835701.

In a recent article, the meta-analysis found that there was an “association between high strain and depression reached the level of a doubling of the risk.”  Seidler A, Schubert M, Freiberg A, Drössler S, Hussenoeder FS, Conrad I, Riedel-Heller S, Starke KR. Psychosocial Occupational Exposures and Mental Illness. Dtsch Arztebl Int. 2022 Oct 21;119(42):709-715. doi: 10.3238/arztebl.m2022.0295. PMID: 36345690; PMCID: PMC9835701.The article’s conclusions also found that “[t]here is some evidence that prolonged exposure also increases the risk of mental illness.” Supra.

The authors, in their results section, indicated, that  “[t]he pooled risk of depression was found to be approximately doubled in workers exposed to high job strain, which is defined as high work demands combined with low job control.” Seidler A, Schubert M, Freiberg A, Drössler S, Hussenoeder FS, Conrad I, Riedel-Heller S, Starke KR. Psychosocial Occupational Exposures and Mental Illness. Dtsch Arztebl Int. 2022 Oct 21;119(42):709-715. doi: 10.3238/arztebl.m2022.0295. PMID: 36345690; PMCID: PMC9835701.  Their conclusion is that “[p]sychosocial occupational stress is clearly associated with depression and anxiety disorders.” Supra.

What Does This Study Mean To Injured Workers?

This study may impact Injured Worker’s claims.  Injured Workers presenting to a psychiatrist or psychologist with a stress claim involving depression or anxiety complaints  for which they tell of an occupation involving high work demand and low job control have a greater likelihood of being believed.  The evaluator, familiar with these studies, may find the Injured Workers complaints in line with the research literature.  Additionally, an Injured Worker’s length of stress exposure is likely to be another factor that an evaluator would  consider.  As noted,  there is evidence that  prolonged exposure to stress  may increase the risk of mental illness.

What If I Need Legal 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.

Monkeypox Occupational Needlestick Injury: Injured Workers in the News, #92

A doctor’s needlestick puncture wound was the subject of a journal article in  Emerging Infectious Disease.

The doctor, working in Portugal,  suffered a needlestick injury to his left index finger.  This occurred when he was collecting a fluid sample from a man who had a pustular rash.   The doctor, according to the article, did not report the injury.  Over time, however, the physician showed signs of being infected with monkeypox. Caldas JP, Valdoleiros SR, Rebelo S, Tavares M. Monkeypox after Occupational Needlestick Injury from Pustule. Emerg Infect Dis. 2022 Dec;28(12):2516-2519. doi: 10.3201/eid2812.221374. Epub 2022 Oct 17. PMID: 36252152; PMCID: PMC9707600

This article will discuss the nature of the monkeypox disease as well as the insights gained by those assessing the case.

What Is Monkeypox?

Per the CDC, “Mpox (formerly known as monkeypox) is a rare disease caused by infection with the mpox virus. Monkeypox virus is part of the same family of viruses as variola virus, the virus that causes smallpox. Mpox symptoms are similar to smallpox symptoms, but milder, and mpox is rarely fatal. Mpox is not related to chickenpox.

There are two types of mpox virus: Clade I and Clade II. The Clade I type of mpox virus has a fatality rate around 10%.

Infections in the 2022–2023 outbreak are from Clade II, or more specifically, Clade IIb.

Infections with Clade IIb are rarely fatal. More than 99% of people who get this form of the disease are likely to survive. However, people with severely weakened immune systems, children younger than 1 year of age, people with a history of eczema, and people who are pregnant or breastfeeding may be more likely to get seriously ill or die.

Note: It would appear that this viral infection has the likelihood of causing permanent disability. This appears to be the case when there is an underlying medical condition.  In California workers’ compensation law, an aggravation or acceleration of an underlying medical condition is also considered as an injury.

What Are the Monkeypox Symptoms?

Per the CDC, Monkeypox, now known as mpox, has symptoms that can be rashes that can be “ located on hands, feet, chest, face, or mouth or near the genitals, including penis, testicles, labia, and vagina, and anus.  The incubation period is 3-17 days. During this time, a person does not have symptoms and may feel fine.

The rash will go through several stages, including scabs, before healing. The rash can initially look like pimples or blisters and may be painful or itchy.”  CDC Other symptoms, per the CDC are Fever, Chills, Swollen lymph nodes, Exhaustion, Muscle aches and backache, Headache, Respiratory symptoms (e.g., sore throat, nasal congestion, or cough) CDC.

Note: With respect to the persistent symptoms, there is the likelihood that they will prevent an injured Worker from working their usual and customary occupation.  Due to the infectious nature of the disease, it is likely that an Injured Worker would be precluded from modified work as well. Therefore, a monkeypox claim is likely to include a period of total temporary disability benefits. 

With Respect to the Journal Article, Were There Any Recommendations?

The journal article made an important point.  The needlestick injury should be reported immediately.  If reported, the Injured Worker would have been able to receive postexposure prophylaxis care which could assist in treatment of the disease.

Note: In the California workers’ compensation system, Injured Workers are entitled to receive up to $10,000.00, of medical treatment while their claim is on delay.

What If I Need Legal 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.

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Store Clerk Set On Fire by Shoplifter: Injured Workers in the News, #91

In California. a Bay Area Clerk suffered a horrendous work injury.  He was set on fire by a homeless serial shoplifter. Dailymail.com  It is reported that the Clerk suffered second and third degree burns to his face, neck, chest and shoulder.

This article will discuss the special benefit that an Injured Workers are entitled to receive when they suffer from a burn injury.  This article will also how this special benefit can be a source of controversy.

What is the Special Benefit that Injured Workers Who Have Burn Injuries Can Receive?

California Workers’ Compensation Law provides for extended total temporary disability benefits for certain injuries.  Burn injuries fall within this eligibility for extended benefit.

Labor Code Section 4656,   under section (c) (1) provides that the “Aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability shall not extend for more than 104 compensable weeks within a period of two years from the date of commencement of temporary disability payment. (2) Aggregate disability payments for a single injury occurring on or after January 1, 2008, causing temporary disability shall not extend for more than 104 compensable weeks within a period of five years from the date of injury. (3) Notwithstanding paragraphs (1) and (2), for an employee who suffers from the following injuries or conditions, aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability shall not extend for more than 240 compensable weeks within a period of five years from the date of the injury: (A) Acute and chronic hepatitis B. (B) Acute and chronic hepatitis C. (C) Amputations. (D) Severe burns. (E) Human immunodeficiency virus (HIV). (F) High-velocity eye injuries. (G) Chemical burns to the eyes. (H) Pulmonary fibrosis. (I) Chronic lung disease.

Based upon the statute, the Injured Worker must suffer from a “severe”  burn injury in order to obtain the extended total temporary disability.  The question is “what is a severe burn injury?”  Due to the vagueness within the statute, one must look at case law.

What Does Case Law Indicate About Severe Burns?

In the case of Parco vs. WCAB 83 C.C.C. 1288 (writ denied), it was found that “Applicant claimed that he suffered industrial injury to his left thumb, left hand, and the skin on his left thumb while employed by Defendant Parco, Inc., as a machinist on 8/30/2013. The medical treatment records indicated that Applicant suffered second and third degree burns to his left hand and also underwent three surgeries on his left thumb. Qualified medical evaluator David Doty, M.D., testified in his deposition that, as a result of Applicant’s crush injury, tendon damage, and the fracture of the bone and subsequent surgery with bone removal, Applicant had a 7mm shortening of his left thumb.”

“At trial, the WCAB found “Based on the medical evidence, the WCJ found, in pertinent part, that the 104-week limit for TD benefits did not apply to Applicant, and that Applicant was entitled to additional TD payments through 1/5/2016 based on the exceptions to the TD limitation for amputations and severe burns set forth in Labor Code § 4565(c)(3)(C) and (D).”

“The WCJ recommended that reconsideration be denied. In her report, the WCJ pointed to medical evidence that Applicant suffered second and third degree burns on his hand. The WCJ explained that the Labor Code does not require the “most severe burns to constitute an exception to the cap on TD, but merely “severe burns,” and that second and third-degree burns were sufficiently severe to meet the exception.”

While the case addressed the amputation exception, the court also noted that “it appears that applicant suffered “severe burns” in the course of his injury. Either of these factors is an appropriate basis for implementing the exception to the 104 week limitation on temporary disability benefits. (Lab. Code § 4656 (3) (C) and (D).)”   Defendant’s petition for writ of review was denied.

In sum, the matter of what constitutes a “severe burn” is still a source of controversy.  With respect to the facts of the present case, it would appear that the substantial nature of the burns would likely tip the scale in favor of the exception.   Specifically, the facial burn would be something that would likely sway a court as to the severity of the burn.   In the present matter, it would appear that the nature and extent of the burns as well as the extent of  the medical treatment most likely would be determinative.

What If I Need Legal 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.

Teacher Knocked Out by Student Throwing Chair: Injured Workers in the News, #90

It is reported in Michigan that a teacher sustained a head injury when she was struck by a chair.   It is reported that  a student threw the chair.  The video of the incident shows a chair going airborne and striking the teacher in the back of her head.  The teacher was taken to the hospital for treatment.  It was reported that the Teacher went to the ground for several seconds after the blow.  This incident was captured on video and posted on social medical where it has garnered over 21 million views. nypost.com There is the likelihood that the student will face criminal prosecution.

This article will discuss the Teacher’s rights within the context of California law.

Who Pays the Hospital Bill?

In this instance, there are multiple individuals who could be responsible for paying the bill.  There is the student and her parents.  Also, there is the School District who is obligated to pay  under workers’ compensation law.  Finally, there is the possibility that the Injured Teacher’s health insurance would be billed. If the Teacher’s health insurance paid,  it is likely that they would seek reimbursement from the workers’ compensation insurance.  This reimbursement action is sometimes referred to as subrogation.

Who Is Liable for The Teacher’s Injuries?

In this instance, the School District’s workers’ compensation insurance is to cover the injured worker’s benefits. These include medical treatment costs, temporary disability costs, permanent disability costs, need for future care, and vocational rehabilitation benefits if indicated.    Outside of workers’ compensation, the School District’s retirement system may also be liable to provide a disability retirement should the teacher be unable to return to her teaching position.   Further, there is the student and her parents who are liable.   Also, in California, there is the Victim’s Rights Board which is also available for the purposes of providing some benefits.

What Type of Injuries May Have Occurred?

In the present matter, there are a variety of injuries that could have occurred.  There is the head trauma.  In this instance, given the fact that there was likely a loss of consciousness, a concussion may be an appropriate diagnosis.   Likewise, there may be hearing loss or some dental injury that may have occurred.   Further, there may have been an orthopedic injury to the Teacher’s neck or other body parts.  Finally, the Teacher may have sustained a psychiatric injury as a result of the trauma.

What Is the Most Important Thing For the Teacher to Do?

In this instance, it is most important that the Teacher identify each and every body part injured so that they may get proper treatment and assessment.  Many times, Insurance Companies are skeptical when amendments are made to claims concerning body parts.  In sum, this Teacher should work to get a work-up from each and every medical specialty that is indicated as a result of the injury.

What If I Need Legal 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.

How to Claim Workplace Bullying Compensation

To qualify for workers’ compensation benefits, Work Injuries must arise out of and be in the course and scope of employment (AOE/COE).  In order to make such a determination, Medical Professionals are often asked to describe how the injury happened.

Workplace Bullying can be a mechanism of injury.  Bullying can be a source of stress and can cause or aggravate both psychological and physical medical conditions.   This article will discuss Workplace Bullying within the framework of workers’ compensation.

WHAT IS WORKPLACE BULLYING?  HOW DOES IT BECOME WORKERS’ COMPENSATION RELATED?

“Workplace bullying refers to a systematic form of harassment where an employee persistently and over a period of time is exposed to negative actions from others at the workplace (e.g. colleague, superiors, or subordinates) and where the employee finds it difficult to defend themself against these actions due to a perceived power imbalance between target and perpetrator.”  Nielsen MB, Rosander M, Einarsen SV. Witnessing workplace bullying – protocol for a systematic review and meta-analysis of individual health and well-being outcomes. Syst Rev. 2023 Jul 10;12(1):119. doi: 10.1186/s13643-023-02288-0. PMID: 37430318; PMCID: PMC10331970.

In order for Workplace Bullying to become workers’ compensation related, the bullying must cause or contribute to a workplace injury.  In other words, either a mental or physical injury must have occurred.  This is determined by expert medical professionals.   One simply saying that they were bullied at work is not enough to make a valid work injury claim.

Further, in California, there are time limits that can bar a Workplace Bullying claim.  In general,  six months of employment is required to pursue a psychiatric claim of injury in certain circumstances.  The nature and extent of the bullying, however, is not required to have been for a period of six months or greater.   A shorter period can be shorter can suffice.  Likewise, the sole cause of the stress need not be from bullying.  Other workplace stressors can be included.   Due to the complicated nature of these claims, legal consultation on this particular issue is strongly recommended.

HOW DOES BULLYING HAPPEN IN THE WORKPLACE?

“In a workplace context, bullying mainly involves repeated exposure to verbal hostility, being made the laughing stock of the department, having one’s work situation obstructed or being given unreasonable tasks, or being socially excluded.”  Nielsen MB, Rosander M, Einarsen SV. Witnessing workplace bullying – protocol for a systematic review and meta-analysis of individual health and well-being outcomes. Syst Rev. 2023 Jul 10;12(1):119. doi: 10.1186/s13643-023-02288-0. PMID: 37430318; PMCID: PMC10331970.

Examples of these incidents include an individual being  in a room to sit and do no work, an individual excluded from an office birthday celebration, and an individual assigned to perform tasks below their job descriptions or responsibilities.

HOW OFTEN DOES WORKPLACE BULLYING HAPPEN?

According to statistics, bullying occurs at a rate of about 15 percent.  Nielsen MB, Rosander M, Einarsen SV. Witnessing workplace bullying – protocol for a systematic review and meta-analysis of individual health and well-being outcomes. Syst Rev. 2023 Jul 10;12(1):119. doi: 10.1186/s13643-023-02288-0. PMID: 37430318; PMCID: PMC10331970.  Impliedly, this means that more than one in ten workplaces may have bullying issues.

WHAT ARE THE COMMON MEDICAL ISSUES ASSOCIATED WITH WORKPLACE BULLYING?

Bullying is associated with a range of outcomes for those exposed, including mental health problems, somatic complaints, sleep problems, and suicidal ideation, as well as with reduced job satisfaction and work ability. Nielsen MB, Rosander M, Einarsen SV. Witnessing workplace bullying – protocol for a systematic review and meta-analysis of individual health and well-being outcomes. Syst Rev. 2023 Jul 10;12(1):119. doi: 10.1186/s13643-023-02288-0. PMID: 37430318; PMCID: PMC10331970.

These reported outcomes generally fall within the emotional spectrum.  Thus, in workers’ compensation, they would be addressed with a psychological claim.  The other matters noted are somatic complains.  Sleep, at times, can be an additional body part within workers’ compensation.  Additionally, cardiovascular, gastrointestinal and some other internal medical diseases would fall within the reference.   These conditions can be caused or aggravated by stress.   Any assessment concerning these matters are done by expert medical opinion.

CAN THERE BE A RIPPLING EFFECT TO WORKPLACE BULLYING?

The study reported in this article advance the theory of a rippling effect.  This is the theory that other individuals in the workplace can be victims of the bullying “by proxy”.  In other words, bystanders may be dragged into the conflict.   Nielsen MB, Rosander M, Einarsen SV. Witnessing workplace bullying – protocol for a systematic review and meta-analysis of individual health and well-being outcomes. Syst Rev. 2023 Jul 10;12(1):119. doi: 10.1186/s13643-023-02288-0. PMID: 37430318; PMCID: PMC10331970.

In workers compensation, actual events of employments can be used factors to be considered in determining a psych related injury.  Thus, whether or not there is a significant rippling effect does not matter.

WHAT IS I NEED LEGAL 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.

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