Pizzeria Worker Suffers Unimaginable Tragedy: Injured Workers In the News #128

August 23, 2024 Edward Singer

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The NyPost reports that senseless acts of violence were brought upon a Pizzeria Worker.  Not only was he assaulted by a customer, the customer’s dog also joined in the melee.  The pit bull reportedly mauled the worker.  At some point, both the customer and the dog simultaneously attacked the worker.  It is reported that the Pizzeria Worker is clinging to life and is hooked up to machines in the hospital. The pizzeria worker apparently was doing his job when he advised the customer that that his dog was not allowed into the store.  The dog owner has been charged with attempted murder.

In updated reporting, it is reported that the worker is still comatose and hooked to a respirator.

This fact pattern will be addressed within the confines of California Workers’ Compensation Law.

What Happens If the Injured Worker Is Permanently Comatose?

In California Workers’ Compensation Law, there is a special provision concerning permanent incapacity. It is likely that an individual who is comatose would be considered as suffering an injury that constitutes permanent mental incapacity.  In those circumstances, there is a fast-track Labor Code Section which addresses that particular type of injury. A medical opinion, however, would be necessary to express the opinion of permanent mental incapacity.  It would likely be a psychiatrist, psychologist, neuropsychologist or neurologist who would be capable of expressing such an opinion.

Labor Code Section 4662 provides: “(a) Any of the following permanent disabilities shall be conclusively presumed to be total in character: (1) Loss of both eyes or the sight thereof. (2) Loss of both hands or the use thereof. (3) An injury resulting in a practically total paralysis. (4) An injury to the brain resulting in permanent mental incapacity. (b) In all other cases, permanent total disability shall be determined in accordance with the fact.

In workers’ compensation law, total permanent disability means 100 percent disability.  The individual would be entitled to lifetime payment at the total temporary disability rate.

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.