It was reported that in Corona, California, located in Riverside County, a Referee punched a Coach in the face during the course of a high school basketball game. It was reported that the Coach was punched in the face and sustained additional blows when he was on the ground. As a result of the alleged assault, the Coach was hospitalized and the Referee was arrested. breitbart.com
This article will discuss a number of issues that arise from this incident. These include Third Party Liability and Average Weekly Wage.
What Is Third Party Liability and Why Would It Apply Here?
While it is clear that the Coach sustained a work injury, the fact pattern suggest that there may be third party claims. A Third Party claim, in workers’ compensation, is a claim made concerning the incident against anyone other than the employer. In this instance, the Referee might be considered a third party that who could be sued. Further, it is possible that the Referee might be employed by someone other than the school district in which the Coach worked. If so, they could be sued as a Third Party. If, however, the Referee was also an employee of the school district, then the school district, being the employer of the individual at fault, and also the injured worker, could not be sued outside of workers’ compensation. This is called the exclusive remedy doctrine. Arguably, the Referee could be sued individually as he committed an intentional tort.
Why Are Earnings A Concern In This Type of Case?
In cases involving Coaches, there is the issue as to whether the individual has a full time position at the school district. If he had a part time position, then the adjustment of the claim would require the determination as to whether he had additional employment and wages. The calculation of Average Weekly Wage, for benefits purposes, can include consideration of wages from other employers.
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.