A 74 year-old Substitute Teacher was beaten by a 280 pound student.  Dailymail,com. As a result of the assault, the High School Teacher sustained severe facial injuries.  The news reporting did not indicate as to whether there were additional injuries.

This article will discuss the issues that present under this fact pattern within the context of California Workers’ Compensation Law.

Should the Fact that the Worker is a Substitute Teacher Matter?

Yes. Workers’ Compensation benefits are based upon an Injured Worker’s Average Weekly Wage. As such, a “red flag” is raised with respect to a Substiute Teacher. There are questions as to whether they were a full-time or part-time worker?

Also, did the Injured Worker have any other income from additional employment?

Also, an issue to be raised as to whether the work was seasonal or year-round.  It is possible that benefits can be cut off during a period when school is not in session.

Does the Teacher’s Advance Age Matter?

Yes.  An individual’s rating percentage has an age component.  In this matter, the Injured Worker’s rating would be the highest based upon his age adjustment.

What Type Of Injuries Are There In This Matter?

Give this fact pattern, there is a cosmetic injury, a possible head injury and a possible psychiatric injury. These diagnoses are to be issued by medical professionals.

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.

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