During a planned skit, the Miami Heat NBA Team Mascot got a rude awakening. According to reports, he was belted by a famous mixed martial arts champion. As a result of two punches that were struck, the Mascot was hospitalized and provided pain medication. It is reported that he will not be missing anytime as a result of the injury.
Can The Mascot Sue The MMA Fighter?
Possibly. It is reported that this matter was a publicity stunt. It is possible that the MMA star could also be an employee of the same company that the Mascot worked at. If this matter was in California, the exclusive remedy rule may be in play and the Mascot would be limited to pursuing the workers’ compensation claim. On the other hand, if the MMA Fighter was not employed by the same company, he could be sued via a civil suit.
What Would The Mascot’s Occupational Rating Group Be In This Instance?
In California Workers’ Compensation, there is the dual occupation rule. In this instance, the Mascot, at the moment of injury, was in essence working as a Stunt Person. The question is “whether a Stunt Person’s Occupation group get the Mascot a better rating?” In order to figure this out, the parts of the body to be rated would be necessary.
Are There Any Other Issues On This Claim?
A possible issue in this matter is the Mascot’s wages. It is possible that the Mascot job may not be a full time position. It is likely that the Mascot has some other employment. In California, there is a special formula that is used to calculate wages in this circumstance.
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.