Law Offices of Edward J. Singer APLC

While food was distributed to jail inmates, a fight broke out. In the scuffle, a Female Deputy Jailer was not only beaten, she also had her ear was partially bitten off. She was sent to the hospital. There was no report as to whether the ear would be able to be saved. Foxnews

This article will discuss the numerous issues concerning this matter.

What Is Applicant’s Injury?

Work injuries can often involve multiple body parts, As a result, injuries can involve multiple medical specialties. From the facts, the Deputy suffered possible a cosmetic injury to her ear. Additionally, she may have suffered from a blood borne illness as there may have been a transmission of bodily fluids. For example, if the prisoner had hepatitis c, it is possible that a blood borne disease could have been transmitted. Additionally, the Jailer also have suffered both orthopedic and psychiatric injuries from the assault.

What is a Cosmetic Injury?

In California, cosmetic injuries involved the alternation of one’s physical appearance. For example to be assessed by the using the AMA Guides for Rating Permanent Impairment, 5^th Edition by using Table 11-5. A scar or loss of part of the ear would be among the factors considered in order to determine a percentage of disability. A medical evaluator or treating doctor would make such an assessment.

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.

Had a Wendy’s Frosty been involved, things could have been worse. It is reported that a Wendy’s Drive Thru Worker was assaulted by nuggets, fries, and a drink.

An unhappy customer contended that the bag the food came with a guarantee of hot and crispy food. She felt her order did not meet that standard. It is reported that “[s]he said that she got spicy nuggets instead of normal ones, saying they were burnt.” After profanity and outrage, it is reported she threw the bag of food at the worker. Fox10phoenix.com

Was There a Work Injury?

From the facts, it does not appear that a physical injury was sustained. A physical injury is a term used to describe orthopedic injuries or wounds. For example, if a glass bottle had been thrown and caused wounds, that would be considered as a physical injury. In this instance, the injury would be considered as a mental injury. From the facts, it is possible that the worker may have sustained a psyche injury. The news report indicated that the Worker was harassed, threatened, cursed at and had items thrown at her by an angry customer who overreacted. Such an injury would require the opinion of a mental health practitioner finding a psychiatric injury. A finding would require a diagnosis such as PTSD, Anxiety Disorder or Depression.

If The Worker Had Gotten The Food Order Wrong Which Triggered The Incident, Would That Effect the Validity of the Work Injury Claim?

In this instance, no. Workers’ Compensation is a “no fault” system. In this instance, even if the employee got food order was wrong, the resultant incident would still be covered within workers’ compensation. Labor Code Section 3600, lays out that “(a) Liability for the compensation provided by this division, in lieu of any other liability …shall, without regard to negligence.”

While workers’ compensation is no fault, good faith personnel actions may bar a psychiatric claim. Had there been no incident with the customer, a Worker being written up for improperly filling an order most likely would be considered a “good faith” personnel action.

What If I Need Advice?

Tag Archives: assault

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