Serious and willful misconduct

Teacher Shot By 6-Year-Old: Injured Workers in the News

Posted on January 24, 2023 by Edward Singer

A Teacher was shot by a 6 year old student in her classroom. Since the accident, new facts have been reported. The student, prior to the shooting, allegedly had expressed a desire to set this teacher on fire and have her die. A news report noted that “[t]he child, who was known to throw furniture and other objects in the classroom, once wrote a note to a teacher in which he told her hated her, wanted to set her on fire to kill her, the teachers union told The Washington Post. When she brought the disturbing letter to school administrators, they told her to drop it, according to the teacher.” Nypost.com

This article will discuss this fact pattern within California Law.

Can This Injured Worker Pursue a Greater Claim Than Mere Workers’ Compensation?

Yes. Within the workers’ compensation system, there is a special provision for Serious and Willful Misconduct. This involves matters in which an Employer’s conduct is beyond mere negligence. The statute is California Labor Code Section§ 4553, which provides that “ The amount of compensation otherwise recoverable shall be increased one-half, together with costs and expenses not to exceed two hundred fifty dollars ($250), where the employee is injured by reason of the serious and willful misconduct of any of the following: (a) The employer, or his managing representative.”

In the present facts alleged, it appears that dangerous threats were ignored by management of the school. Thus, there is a factual basis to allege that there was serious and willful misconduct. Ultimately, a Trial Judge will make the decision concerning the issue.

Are There Other Sources of Recovery?

Yes. In this instance, there is a third party responsible. It has been reported that the child’s parent owned the weapon. Therefore, a negligence claim could be pursued. Also, there may be other third parties involved. A civil attorney would be the appropriate individual to do such an analysis.

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.

Sergeant Accused Of Pulling Fellow Officer’s Ponytail: Injured Workers in the News, # 74

Posted on January 17, 2023 by Edward Singer

A Police Sergeant reportedly yanked a fellow officer’s ponytail while at the Police Station. The hair tug, according to a complaint, caused the Officer to have “substantial” neck pain. It was reported that the Officer had prior neck problems and that the Police Sergeant, who pulled the hair, was aware of her medical condition nypost.com

This article will discuss this fact pattern within California Workers’ Compensation law.

Was This A Work Injury?

Under California Law, the aggravation or acceleration of a pre-existing medical condition can be considered as a work injury. So, if the Police Officer’s condition worsen and it was not a mere exacerbation of the prior condition, it can be considered a new injury. Likewise, there must be an injury. The claim of substantial pain is not sufficient to warrant a claim of injury. There should be a diagnosis. Was this a cervical strain and sprain? Did the incident cause a cervical disc injury? Thus, a medical opinion from a treating doctor or an evaluating physician is important.

Did This Instance Warrant Any Other Workers’ Compensation Claim?

Given the facts, it is possible that the pulling of the hair would constitute an act of serious and willful misconduct. Given the alleged facts that the supervisor knew that the worker had a prior neck injury when she pulled her by her ponytail may bring the action to the level of serious and willful misconduct. If found, there would be an additional increase in compensation and penalty that would apply. The S & W would only apply if there was an underlying injury. Per California Labor Code Section 4553 “[t]e amount of compensation otherwise recoverable shall be increased one-half, together with costs and expenses not to exceed two hundred fifty dollars ($250), where the employee is injured by reason of the serious and willful misconduct of any of the following: (a) The employer, or his managing representative…”

What if I Need Advice?

WORKERS’ COMPENSATION IN THE NEWS, EPISODE #1: BURGER MADNESS: WHAT YOU NEED TO KNOW

Posted on July 13, 2021 by Edward Singer

Many news articles involve work injuries. A recent viral story about Burger King Employees quitting their jobs en masse is one of them.

Fox News reported that “[e]mployees there said they’ve been working in a kitchen with no air conditioning for weeks, with the temperature reaching more than 90 degrees at one point, according to KLKN Channel 8. One employee, former general manager Rachael Flores, was reportedly hospitalized for dehydration, according to KLKN Channel 8. “

This article will discuss how these facts involve a work-related injury and what legal issue, within workers’ compensation, that may apply.

What Is the Work Injury?

From the facts, the high heat at the work location may have caused the work to suffer from dehydration. This is suggestive of a heat-related illness/injury.

Heat Illnesses can include (1) Heat Stroke which is the most serious form of heat illness. It requires immediate medical treatment. Symptoms include confusion, loss of consciousness, and seizures; (2) Heat Exhaustion which is is a less serious form of heat illness. It can involve headaches, nausea, dizziness, irritability, thirst and heavy sweating. It can lead to heat stroke; (3) Heat Cramps which is a mild form of heat illness. It is essentially muscle cramps and spasms. They can occur either when working or not; and (4) Heat Rash which is a skin irritation. It is also known as “prickly heat.”

How Does This Injury Become A Workers’ Compensation Claim?

The Burger King Employee who suffered from dehydration should file a workers’ compensation claim. Workers’ Compensation Insurance should pay for this worker’s medical bills and receive all other workers’ compensation benefits.

Is There A Special Claim That May Apply In This Case?

Yes. This claim has facts to suggest that the employer acted in a way that would be considered serious and willful misconduct. The working conditions concerning the high heat may have been in violation of safety regulations. Also, there may have been intentional acts delaying the repair of the air conditioning unit.

Per Labor Code Section 4553, “the amount of compensation [for the workers’ compensation claim] otherwise recoverable shall be increased one-half, together with costs and expenses not to exceed two hundred fifty dollars ($250), where the employee is injured by reason of the serious and willful misconduct of any of the following: (a) The employer, or his managing representative. (b) If the employer is a partnership, on the part of one of the partners or a managing representative or general superintendent thereof. (c) If the employer is a corporation, on the part of an executive, managing officer, or general superintendent thereof.”

What If I Need Advice?