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A POLICE OFFICER WITH A COVID-19 INJURY BEING RETALIATED AGAINST? INJURED WORKER IN THE NEWS, # 10

Posted on January 16, 2022 by Edward Singer

New York City Police Officer story is of upmost importance for all Safety Officers. A Detective who sustained a work-related COVID-19 infection is in conflict with his department. The department’s doctor has apparently forced him to try to return to work. The Detective, however, claims that he is no longer able to drive and requires an oxygen tank. His disease was reported so serious that he was hospitalized for eight days and told he had two to nine days to live. He is involved in a lawsuit with respect to his return to work and that he is being forced to return to work. Nypost.com

This article will discuss the various issue of return to work.

What Is “Return to Work” and Why Is It So Important for Employers?

“Return to Work” is a term which is used with respect to an Injured Worker returning to work in some capacity. In California, “Return to Work” can be in a full duty capacity, a modified duty capacity, i.e. can do regular job with a lifting limitation, and an alternative work capacity. “Return To Work” is a means for an employer to cut-off the payment of temporary disability payments. For certain law enforcement positions, these payments can be salary continuation or Labor Code Section 4850 time.

Who Determines Return to Work Status?

The determination of “Return to Work” status is controversial. First, a doctor makes a determination concerning “return to work.” This is using done by a medical note with a provision indicating “return to work.” The note may include some limitation or restrictions, i.e. part-time hours, lifting limitations, or sitting limitations. Second, the department makes a determination as to whether there can be an accommodation and that there is a position available.

“Return to Work” can be a source of controversy that there may be multiple medical opinions expressing different views as to work capacity and restrictions, i.e. a treating doctor, an examining doctor, and a department doctor. Likewise, the Injured Worker may dispute the doctor’s opinion. Further, there can be a dispute as to whether a modified or alternative position actually exists. Injured Workers have on occasion been return to an alleged modified position and been told to perform regular duties.

Within workers’ compensation, the issue with this controversy would be entitlement to temporary disability benefits. Thus, the matter will be resolved by a Trier of Fact, a Workers’ Compensation Judge,

What If The Officer Can Never Return To Work Full Duty?

In the case of an Injured Worker not being able to return to work, the issue of disability retirement arises. This is not a workers’ compensation issue. It is a Retirement Board matter.

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.

CAN A TEARFUL EVENT AT GARDENA COMMUNITY HOSPITAL BE A WORK INJURY? INJURED WORKERS IN THE NEWS, #7

Posted on December 30, 2021 by Edward Singer

In the news, a recent horrifying event allegedly occurred at the Gardena Community Hospital. It is reported that dead covid-19 patients’ bodies were mishandled. The allegation reported is that these bodies were left outside in the rain. An anonymous witness indicated that “Security had tears in their eyes. They’re crying. Some of the security had to leave because they got fluid on their clothes when they did move the bodies,” the witness said. cbslocal.com

The issue presented is whether this event could be a work-related injury.

Was There a Work-Related Injury?

Possibly. The alleged facts are certainly extremely distressful. Further, they did create an emotional reaction. The question, however, is whether this stressful event caused an emotional injury. Labor Code Section 3208.3(a), provides that “[a] psychiatric injury shall be compensable if it is a mental disorder which causes disability or need for medical treatment, and it is diagnosed pursuant to procedures promulgated under paragraph (4) of subdivision (j) of section 139.2 or, until these procedures are promulgated, it is diagnosed using the terminology and criteria of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Third Edition-Revised, or the terminology or criteria of other psychiatric diagnostic manuals generally approved and accepted nationally by practitioners in the field of psychiatric medicine.”

Thus, if the Security Guards went to a mental health practitioner and were diagnosed with a mental disorder, they may be able to pursue a claim. Mere upset or distress relating to the event would not be a sufficient basis to pursue a claim.

Who Was the Employer?

Workers’ Compensation claims are to be filed against one’s employer. Security Guards at facilities are often employees of independent Security Companies that contract with institutions. In other words, the hospital may have hired a security company to provide security guards. If this is the case, the security guards would file their workers’ compensation claim with their company and not the hospital. If they were hospital employees, they would file with the hospital.

What If I Need Legal Advice?

If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.

CAN WATCHING TIK TOK VIDEOS CAUSE A PSYCHIATRIC WORK INJURY? INJURED WORKERS IN THE NEWS #6

Posted on December 28, 2021 by Edward Singer

A Tik Tok Moderator is suing the company for severe psychological trauma.

The facts reported are unique. The Moderator, while performing duties for TikTok, actually worked for a Third Party Contracting Firm called Telus International.

She is currently pursuing a civil action against Tik Tok.

She reports psychological trauma relates to watching hours of graphic content to moderate it to see if the videos meet community guidelines before they are placed on the platform. Additionally, she reported that there was so much content that they would watch three and ten videos at the same time in order to keep up during their 12-hour shifts. Additionally, moderators were only allowed to take one 15 minute break in the first four hours of her shift, and then was only permitted to take additional 15 minute breaks every two hours afterwards. She reported that TikTok ‘heavily punishes any time taken away from watching graphic videos.’ It is reported that as a result of her work, she suffers from depression, anxiety, and PTSD, which left her with ‘severe and debilitating’ panic attacks. Dailymail.com

Given the fact pattern, there are important issues concerning whether there is a valid workers’ compensation claim.

Who Was the Tik Tok Moderator’s Employer?

The facts indicate that she did not work for Tik Tok directly. She worked for a Third Party Contracting Company. For workers’ compensation purposes, her actual employer was the Third Party Contracting firm and not Tik Tok. Since she is not an employee of Tik Tok, she reportedly is pursuing a civil action against them.

Is There a Basis for a Psychiatric Work Claim?

On an initial assessment, there is ample evidence to support a claim for a psychiatric injury. To do so, however, the predominant cause, must be work-related and a substantial cause, 35-40 percent, cannot be the result of a non-discriminatory good faith personnel action.

Therefore, two things must take place. First, an assessment should be made concerning stressors outside of work. Second, an assessment should be made as to the nature of the employment stressors. Are the stressors to be considered as personnel actions? If so, were they non-discriminatory and in good faith?

Thus, an analysis would be done as to the various sources of work stress: viewing disturbing content, viewing multiple videos at the same time, the demand to continue work duties viewing the content. In the end, a Trier of Fact or Judge will determine issues of non-discriminatory good faith personnel action.

Does The Worker Have An Injury?

It is reported that she suffers from depression, anxiety and PTSD. She reported that she suffered from severe and debilitation panic attacks. If these diagnosis were confirmed by a medical health provider within the workers’ compensation system, the psychiatric injury is valid. The causation factor, as described above, would determine whether it is to be considered as industrial or work-related.

What If I Need Legal Advice?

DID STRICT WORK RULES CAUSE A PSYCHIATRIC INJURY AT THE HAPPIEST PLACE ON EARTH? INJURED WORKERS IN THE NEWS, #4

Posted on December 17, 2021 by Edward Singer

A Disney Worker reportedly is suffering from Post-Traumatic Stress Disorder (PTSD) and developed an eating disorder as a result of working at Disneyland. She attributes it to stress from strict work rules. -Dailymail.com.

One of the strict rules was that some “performers” were required to solely speak in English.

Despite the requirements, this Disney Worker reportedly broke the rules and spoke foreign languages to customers. ‘If I had been caught, that is a big reprimand and potentially getting fired, ‘it was reported. She stated that ‘I fully know what I did was against the rules, and it has to do with character integrity,’ she said. ‘I got to a point where I thought the benefit to the guest was greater than the risk.’ She noted that ‘In Disneyland Paris, they are encouraged to speak multiple languages, and they don’t get in trouble for it there,’ she shared. ‘I take an issue with that. If you’re gonna have a rule, it needs to be across all parks.’ -Dailymail.com

It was reported that she “lost her status as a part-time seasonal employee because she failed to clock in enough hours in character after she welcomed her first child.” Dailymail.com

Since the Disney Employee is reportedly suffering medical problems as a result of her employment, the question, based upon the facts alleged, is whether this would be considered as a valid workers’ compensation claim.

Can a Worker File A Stress Injury Over “Work Rules”?

Yes. In California, Workers can file a Workers’ Compensation Psyche Injury Claim with respect to stress caused by work rules. With respect to Psychiatric Injuries, there are some requirements, however. There is the requirement of six months of employment with the employer. There is the requirement that the Psychiatric Injury be the result of actual events of employment. There is the requirement that the predominant cause of Psychiatric Injury is work-related. There is the requirement that a substantial cause, 35-40 percent, cannot be a result of good faith non-discriminatory personal actions.

One major issue is whether or not the Disney “work rules” constitute a “good faith” personnel action.

Additionally, there is the question as to what percentage of the rules contributed to causing the injury.

Are Stressful “Work Rules” a Valid Basis for a Claim?

Possibly. The issue is whether particular “work rules” are legal to be viewed as good faith personnel actions. The legal determination is made by a Judge and the case law on the issue.

An “English only” speaking rule in the workplace may be challenged as being a “good faith” action. It is possible that it could violate some state law or otherwise be considered discriminatory. With the present fact pattern, since the rule applied to performers, there may be a valid reason for requiring English. Again, it is a Judge will be required to make a legal determination on the issue.

Were There Any Other Sources of Stress?

The facts on the matter included her loss of status because she failed to clock in enough hours in character after she had her first child. This event may be considered a personnel action. This may also be an issue disputed as being in good faith. An issue of pregnancy discrimination could be raised.

How Are Causation Percentages Obtained?

Causation percentages are assessed by a mental health practitioner. Generally, a Psychiatrist or Psychologist will be making that determination. The medical practitioner can be a Treating Doctor, a Qualified Medical Evaluator, or an Agreed Medical Evaluator. The determination usually requires the Injured Worker to be interviewed and tested. Evaluation of personnel records, medical records, and witness statements may also be indicated.

What If I Need Legal Advice?

SHELTER WORKERS AND JOB STRESS: PSYCHIATRIC INJURIES FOR SHELTER WORKERS AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Posted on December 7, 2021 by Edward Singer

Animal Shelter Workers perform an essential role in society. Dealing with abandoned or unwanted animals can be difficult. This difficulty exposes Shelter Workers subject to unique levels of emotional stress. If this emotional stress gives rise to an emotional injury, a the Worker can file a Workers’ Compensation Claim to obtain necessary treatment and benefits. Hoy-Gerlach J, Ojha M, Arkow P. Social Workers in Animal Shelters: A Strategy Toward Reducing Occupational Stress Among Animal Shelter Workers. Front Vet Sci. 2021 Nov 10;8:734396. doi: 10.3389/fvets.2021.734396. PMID: 34859083; PMCID: PMC8631323.

This article will discuss the particular stressors and the psychiatric medical condition that they are at risk of developing.

What Are Stressors Unique for Animal Shelter Workers?

Exposure to Animal Suffering: Animals turned into shelter may be ill or abused.

Exposure to Animal Death: Animals may either be euthanized or die naturally.

Caring: Workers are emotionally invested in both the animals’ care and welfare

Burnout: Workers are required to continuously engage in the activities listed above

What Emotional Problems Can Develop?

It has been found that Animal Shelter Workers are at “five times greater risk of developing Post-Traumatic Stress Disorder as compared to the national average.” Their level of PTSD is along the lines of safety officers. Hoy-Gerlach J, Ojha M, Arkow P. Social Workers in Animal Shelters: A Strategy Toward Reducing Occupational Stress Among Animal Shelter Workers. Front Vet Sci. 2021 Nov 10;8:734396. doi: 10.3389/fvets.2021.734396. PMID: 34859083; PMCID: PMC8631323.

What If I Need Legal Advice?