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CALFORNIA HIGHWAY PATROL OFFICERS SERIOUSLY INJURED: INJURED WORKERS IN THE NEWS, # 34

Posted on May 3, 2022 by Edward Singer

A horrendous accident happened when an alleged drunk driver struck a parked California Highway Patrol aka CHP Squad Vehicle on the freeway. It is reported that the driver was traveling 95 miles per hour upon impact and that the cruiser. The police car erupted into flames.

The Officers were rushed to the hospital. One is with major injuries and the two others with moderate. One Officer was reported to have a neck brace on. It was reported that one Officer was dragged out the burning vehicle. Dailymail.com

Taking these facts, a hypothetical analysis of this incident will be done with an assumption that one of the Officers sustained burn injuries

Initially, What Benefits Will These Officers Receive?

California Highway Patrol Officers will initially receive a form of salary continuation benefits. Once salary continuation benefits have been paid, total temporary disability benefits will be picked up and paid at the “state rate,” The “state rate” is a term used for the regular rate mandated for claims.

Since The Officers Were In the Same Accident, Will Each Officer Get The Same Benefits?

No. While the California Highway Patrol Officers were in the same accident, they will all receive different benefits. Workers’ Compensation Benefits are based upon each individual’s injuries, their age, and their needs.

Assuming one of the Officers had severe burns, total temporary disability benefits can extended out to “240 compensable weeks within a period of five years from the date of the injury.” Labor Code Section 4656(a). This is opposed to other Officers who most likely do not have other 4656 exceptions apply. They would be eligible for a total of 104 weeks of temporary disability benefits.

What About Permanent Disability?

For permanent disability, each Officer will be assessed upon their body parts injured and their impairments. Likewise, they will be assessed differently based upon their age. Older officers will have a higher rating than younger officers irrespective that the injury happened on the same date. It is possible that the Officers may sustain the exact injury and impairment and get different ratings. This would be caused by the age adjustment in the rating. The only item in the rating that the officers will share is that they will be assigned the same occupational group for their rating.

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.

LOS ANGELES COUNTY SHERIFF’S HELICOPTER CRASH: INJURED WORKERS’ IN THE NEWS, #23

Posted on March 21, 2022 by Edward Singer

Five Los Angeles County Sheriff’s Deputies and one Civilian were injured when a department helicopter crashed. The vehicle was in flight to a vehicle collision scene. It reported that the injuries were not life threatening. In the copter, there were deputies including the pilot, copilot, crew chief and two paramedics. Villanueva [the Sheriff] said the sixth person on board was a UCLA doctor doing a ride-along. Sbsun.com

The fact pattern raises issues of who were employees at the time of the accident. The fact pattern also addresses the issue of different workers’ compensation benefits for different classes of employees.

Who Was An Employee In This Accident?

From the facts, it is clear that the Los Angeles County Deputies and Paramedics would be considered employees for the purposes of the accident. The question would be as to whether the UCLA doctor would be considered an employee. The facts indicate that he was doing a ride-along. Further, it would appear that the UCLA doctor was an employee of UCLA and not Los Angeles County. Thus, his employment, for the purposes of the accident, would be considered UCLA.

The next question would be whether this ride-along would be considered part of the UCLA doctor’s employment. Did the ride along arise out of and was it in the course and scope of employment? Was there a “nexus?”

A factual determination should be made as to whether the injury arise out of and was in the course and scope of employment. . Questions such as “whether the ride along had a connection to his employment?” would be of assistance. Did his department recommend that he do the ride along? Was the ride along something that he did to assist him in doing their job a doctor at UCLA? For example, “was the doctor an emergency room doctor?” Alternatively, was this something the doctor did completely independent of his job? As such, there are many facts that must be ascertained to make a decision. Ultimately the determination would likely be made at the trial level by a Judge. .

For the Employees How Are They Going to Be Paid?

In the facts, there are Deputys and Paramedics involved. Desputys are covered under Labor Code 4850 for salary continuation in lieu of total temporary disability benefits. Paramedics, howeveer, may not be covered under LC 4850. They may have to look towards their Memorandum of Understanding to determine if they have special temporary disability benefits.

What If I Need Advice?

https://www.sbsun.com/2022/03/19/la-county-sheriffs-helicopter-crashes-in-mountains-above-san-dimas-5-hospitalized/

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?

WORKERS’ COMPENSATION IN THE NEWS #8: CAN A FIRE CAPTAIN FINGER LIABILITY ON A PROPERTY OWNER FOR A WORK INJURY?

Posted on September 17, 2021 by Edward Singer

In Los Angeles, a horrific property fire happened at a Vape Shop which included an explosion. As a result, a number of firefighters sustained injuries trying to put out the fire. A Fire Captain sustained serious injuries which included the loss of fingers.

It was reported that he is now suing the property owner for negligence. The allegations of negligence concerned the owner’s storage of both nitrous oxide and butane containers in excess. Dailymail.com

Was the Fire Captain’s Injuries a Workers’ Compensation Injury?

Yes. The Fire Captain was in the course and scope of his duties when putting out the fire. Therefore, he is entitled to pursue a workers’ compensation case.

If the Fire Captain Filed the Civil Suit Against the Property Owner, Can He Still File a Workers’ Compensation Claim?

Yes. Many Work Injuries are caused by Third Parties. A Third Party is someone other than the Employer. Based upon the alleged facts, the Fire Captain could pursue both a workers’ compensation claim and a civil lawsuit. He did not have to choose between one or the other.

Can an Injured Worker Collect Separately From Both a Workers’ Compensation and a Civil Claim?

Not necessarily. Many times, the Insurance Company for the Workers’ Compensation will join in the Civil Lawsuit. This is called subrogation. They, like the Injured Worker, are entitled to collect a recovery from Third Party that was liable for the work injury. The division of the proceeds from a Civil Action would be dependent on the facts. For example, if the Workers’ Compensation Insurance paid out a lot of money in medical care, their lien on the Third Party case may be quite substantial. They would command a considerable amount.

Is There Any Special Benefits a Fire Captain Can Receive from This Work Injury?

Yes. There are two special benefits. First, the Fire Captain is entitled to salary continuation for up to one year pursuant to Labor Code Section 4850. Second, the Fire Captain, due to finger amputations would be entitled 240 weeks of TTD benefits as opposed to the 104 week limitation. This is per LC 4656.

Why Would the Fire Captain File a Civil Claim?

A Civil Claim provides for different types of damages. For example, wage loss would be a factor. In light of the Fire Captain’s loss of fingers, he may have substantial wage loss as his firefighting career may be over.

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.