Unprofessional Conduct: Referee Faces Charges for Assaulting Coach: Injured Workers in the News, #97

It was reported that in Corona, California, located in Riverside County,  a Referee punched a Coach in the face during the course of a high school basketball game.  It was reported that the Coach was punched in the face and sustained additional blows when he was on the ground.  As a result of the alleged assault, the Coach was hospitalized and the Referee was arrested. breitbart.com

This article will discuss a number of issues that arise from this  incident.  These include Third Party Liability and Average Weekly Wage.

What Is Third Party Liability and Why Would It Apply Here?

While it is clear that the Coach sustained a work injury, the fact pattern suggest that there may be third party claims.  A Third Party claim, in workers’ compensation, is a claim made concerning the incident against anyone other than the employer.   In this instance, the Referee might be considered a  third party that who could be sued.  Further, it is possible that the Referee might be employed by someone other than the school district in which the Coach worked.   If so, they could be sued as a Third Party.   If, however, the Referee was also an employee of the school district, then the school district, being the employer of the individual at fault, and also the injured worker, could not be sued outside of workers’ compensation.  This is called the exclusive remedy doctrine.  Arguably, the Referee could be sued individually as he committed an intentional tort.

Why Are Earnings A Concern In This Type of Case?

In cases involving Coaches, there is the issue as to whether the individual has a full time position at the school district.  If  he had a part time position, then the adjustment of the claim would require the determination as to whether he had additional employment and wages.  The calculation of Average Weekly Wage, for benefits purposes, can include consideration of wages from other employers.

What If I Need Legal 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.

BASEBALL USHER PUNCHED OUT AT GAME: INJURED WORKER IN THE NEWS, #65

Baseball Pitchers will often “punch out” batters with a “strike.”  At a recent Major League Baseball Game, however, it was two Ushers getting punched out.  It wasn’t the opposing team’s pitcher doing it. Rather, it was an unruly Fan.  Besides being struck, one Usher was also bitten.

The fight allegedly started because a customer was reportedly upset over a seating dispute.  After the fight, blood was reported dripping off an individual’s face. dailymail.com

This post will discuss the both the biting injury as well as the unique wage issue that this case involves.

Should the Bodily Injury In This Matter Be A Concern? 

Yes.  From the facts, there may have been the transfer of bodily fluids.  There are a variety of diseases that can be transferred via bodily fluids.  Two diseases that are blood borne are hepatitis and hiv. Therefore, an Injured Worker being exposed to bodily fluids should get treated immediately. Testing and prophylactic medical care should be made available at the employer’s expense.

If Baseball Season Was Ending, Are the Ushers Able To Collect Workers’ Compensation Benefits?

Yes and No.  This issue is complicated. In California, there are laws that address workers’ compensation benefits for seasonal workers.  “Seasonal Employees” are treated different from other employees.  Thus, employees who could be considered seasonal should do an analysis of their wage.  There are questions such as whether the seasonal workers had other jobs during both the season and during the off season.  This information can be used to calculate the worker’s average weekly wage and the workers intent and ability to work in the off season.

In California, the Court of Appeals noted “[w]here, however, an employee does not have any off-season earnings and does not compete in the open labor market during a portion of the year, the employee is not entitled to temporary disability payments during that season. We do not express any opinion in calculating a season employee’s off-season temporary disability where the employee maintains some level of off-season earnings below the minimum average weekly earnings rate.” Signature Fruit Co. v. Workers’ Comp. Appeals Bd., 71 Cal. Comp. Cases 1044 (Cal. App. 5th Dist. August 31, 2006)

In sum, Seasonal Employees compensation determinations are complex and require careful analysis.

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.

workers compensation

What You Need To Know About The 2022 Total Temporary Disability Rate

Each year, the State of California sets the minimum and maximum total temporary disability payment rates.

The new 2022 minimum and maximum temporary total disability (TTD) rates effective on January 1, 2022, will be $230.95, per week for the minimum rate and  $1,539.71, for the maximum.

What Does This Rate Change Mean For Injured Workers?

For Injured Workers with injuries on or after 1/1/22, they will be paid in accordance with the rates listed above.  With some exceptions, one’s TTD rate is calculated as 2/3rds of one’s Average Weekly Wage.   For those with earning less than $346.77,  per week will be paid the minimum rate.

For Injured Workers with injuries before 1/1/22, if they are continuing on TTD and the payment is two years or past the date of injury, their payments will be adjusted to the 2022, effective rate based upon their average weekly wage.   This is pursuant to Labor Code Section 4661.5.

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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