Psychiatric Work Injury

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VONS’ GROCERY CLERK FIRED AFTER BEING ASSAULTED THREE TIMES: INJURED WORKER IN THE NEWS #86

Posted on June 8, 2023 by Edward Singer

During a four month period, a Von’s Grocery Clerk was assaulted three times.

In one incident, he was punched in the face and pepper sprayed. In the second, someone tried stab him with a knife. In the third,, he was assaulted by a customer. The customer was possibly inebriated and allegedly harassed female shoppers. The man got in worker’s face when the employee went to get his manager and a security guard. The worker, as reported in the news, recounted the incident: “He’s[the customer was] cussing me out, he’s threatening my life.” “I back away, he comes back in my face. I back away again. The third time I defend myself, I push him off of me.” KGET

Vons reportedly terminated the Worker’s employment because he touched a customer. KGET

The Grocery clerk claimed he applied for worker’s compensation following the three assaults because he was having nightmares and panic attacks.

Upon his return to work from the last incident, the Employee noticed his hours had been cut, and he was suspended pending an investigation. Nine days later, the store terminated his employment because he touched a customer. KGET

If The Clerk Was Terminated, Can He Still Pursue His Work Injury Claims?

Yes. In California, Workers’ Compensation Claims do not end when employment is terminated. Injured Workers are permitted to pursue their claims post-employment. They remain eligible to receive both compensation and medical care post-termination

Can The Worker File A Discrimination/Wrongful Termination Through Workers’ Compensation?

Yes. In California Workers’ Compensation Law, Labor Code Section 132a provides that “(1) Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because he or she has file d or made know his or her intention to file a claim for compensation with his or her employer or an application for adjudication, or because the employee has received a rating, award, or settlement, is guilty of a misdemeanor and the employee’s compensation shall be increased by one-half, but in no event more than ten thousand dollars ($10,000), together with costs and expenses not in excess of two hundred fifty dollars ($250). Any such employee shall also be entitled to reinstatement and reimbursement for lost wages and work benefits cause by the acts of the employer.”

In this instance, the fact pattern contained two allegations. One claim is for the hours being cut. The other allegation is for wrongful termination.

The Employer, in this instance, can raise a defense. Business necessity is recognized as a defense to LC 132a claims.

In this matter, the Employer alleges that the termination was due to the employee touching a customer. As such, the facts in the matter are in controversy. As such, a trier of fact, aka Workers’ Compensation Judge, would be the one to rule as to whether there was discrimination and as to whether there was a legitimate business necessity defense.

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.

MTA BUS DRIVER STABBED: INJURED WORKERS IN THE NEWS #85

Posted on May 28, 2023 by Edward Singer

An Irate Passenger stabbed a MTA Bus Driver’s left hand. It was reported that the two had gotten into an argument. As a result of the injury, the driver was taken to the hospital and was reportedly in stable condition. Nypost.com

This article will discuss how this matter will be assessed as a work injury and how the permanent disability will be assessed.

If The Assault Was Brought On By A Worker-Customer Argument, Would The Stabbing Be Considered Work-Related?

Most likely yes. If the argument was only verbal, then the matter would remain as a work-related injury and the MTA Bus Driver would receive workers’ compensation benefits. Had there been an argument and the MTA Bus Driver initiated the physical violence upon the Passenger, then the “initial physical aggressor” rule which bars compensation would have to be addressed. If the Driver was found to be the “initial physical aggressor”, then benefits would be barred. This factual determination is the purview of Workers’ Compensation Judge. As such, it would be likely that a Trial with testimony would occur.

What Types Of Injuries Occurred In This Incident?

Given this fact pattern, a stabbing injury is likely to cause an orthopedic hand injury, a possible transmission of a blood borne illness, and perhaps a psychiatric injury.

How Does One Assess A Hand Impairment Injury?

In Cailfornia, Permanent Disability Percentage is calculated by using the AMA Guides for the evaluation of permanent impairment. According to the AMA, the ”AMA Guides provide a reliable, repeatable measurement framework for permanent impairment in patients who have suffered an injury or illness resulting in long-term loss of a body part or reduction of body function.” With respect to a Hand Impairment, loss of range of motion and possibly grip loss will be assessed. Likewise, since it was a stabbing injury, ia skin disorder or a nerve disorder may also be evaluated concerning impairment.

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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.

What if I Need Advice?

JAIL DEPUTY GETS EAR BITTEN : INJURED WORKERS IN THE NEWS, #83

Posted on May 9, 2023 by Edward Singer

While food was distributed to jail inmates, a fight broke out. In the scuffle, a Female Deputy Jailer was not only beaten, she also had her ear was partially bitten off. She was sent to the hospital. There was no report as to whether the ear would be able to be saved. Foxnews

This article will discuss the numerous issues concerning this matter.

What Is Applicant’s Injury?

Work injuries can often involve multiple body parts, As a result, injuries can involve multiple medical specialties. From the facts, the Deputy suffered possible a cosmetic injury to her ear. Additionally, she may have suffered from a blood borne illness as there may have been a transmission of bodily fluids. For example, if the prisoner had hepatitis c, it is possible that a blood borne disease could have been transmitted. Additionally, the Jailer also have suffered both orthopedic and psychiatric injuries from the assault.

What is a Cosmetic Injury?

In California, cosmetic injuries involved the alternation of one’s physical appearance. For example to be assessed by the using the AMA Guides for Rating Permanent Impairment, 5^th Edition by using Table 11-5. A scar or loss of part of the ear would be among the factors considered in order to determine a percentage of disability. A medical evaluator or treating doctor would make such an assessment.

What if I Need Advice?

BUS DRIVER STRESSED AND SPRAYED UPON: INJURED WORKERS IN THE NEWS #81

Posted on April 17, 2023 by Edward Singer

Tormented by students, a School Bus Driver went viral tirade when she quit her job. The Asthmatic Bus Driver reportedly suffered attacks after students repeatedly sprayed perfume on her. Upon the second spraying. she became irate. She said that was done with “this sh@$”, and left her job of two years. dailymail.com

This article will discuss whether the incidents could constitute a work injury.

Did These Instances Constitute Work Injuries?

In California Workers’ Compensation Law, the aggravation or acceleration of an underlying medical condition can be considered as a work-related injury. Given the fact pattern, if there was a medical opinion that the Bus Driver’s condition asthma condition was somehow aggravated or accelerated then there would be a respiratory work injury. If so, she would be entitled to claim workers’ compensation benefits. These benefits include monetary compensation and medical treatment.

Even if there was no asthma injury, the stressful nature of the incident could constitute a work injury. A stress or psychiatric injury may be indicated. Again, such a claim would also require a medical professional rendering an opinion that there was an injury. The bottom line is that, regardless of how horrible the facts, they are not a substitute for medical reporting.

In sum, it is possible that both asthma and psyche injuries occurred. In that instance, it can be asserted that the Bus Driver is claiming two injured body parts.

If There Was No Asthma Injury, Can There Still Be A Psyche Injury?

Yes. In California, even if there was no asthma injury, a psychiatric claim could still be viable. In that instance, the asthma attacks could have been a mere exacerbation the Bus Driver’s pre-existing condition. The perfume may not have caused any injury but rather a momentary flare up. Both of these episodes could have caused emotional upset. If the Bus Driver could prove that the predominant cause of an emotional condition was caused by the bullying and the perfume spraying, she could pursue a psyche work injury. Again, the opinion on causation and on medical condition injured requires the opinion of a mental health professional such as a psychiatrist or psychologist.

What if I Need Advice?