Law Offices of Edward J. Singer APLC

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

Posted on October 10, 2022 by Edward Singer

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.

ATTACK AT HOSPITAL WITH MEDICAL WORKERS STABBED: INJURED WORKERS IN THE NEWS # 40

Posted on June 6, 2022 by Edward Singer

Headlines reported that Encino Hospital Workers were attacked a stabbed by an Attacker. These workers were reportedly in critical condition. Dailymail.com

This article will discuss the immediate concern on this matter.

What Is the Major Concern with This Incident?

Given the facts and the assumption that the same knife was used in the attack each victim, it is likely that the workers may have been exposed to each others blood. Thus, a long term issue is the concern with respect to this injury is whether the workers were exposed to a Blood Borne Illness. Blood Borne Illnesses include Malaria, Syphilis, and Brucellosis, and Hepatitis B (HBV), Hepatitis C (HCV) and the Human Immunodeficiency Virus (HIV). As such, treatment and monitoring for these illnesses would be part of the work injury protocol. Thus, besides treating the Injured Workers wounds and likely psychological injuries, an additional Internal Medicine Program will be included to provide prophylaxis treatment as well as testing and monitoring for blood borne pathogens.

What If I Need Advice?

MUSEUM WORKERS STABBED BY CUSTOMER: INJURED WORKERS IN THE NEWS, #21

Posted on March 14, 2022 by Edward Singer

Museum Workers at the New York Museum of Modern Art were viciously attacked by a Customer. The customer leaped over a counter and proceeded to stab two 24 year old employees with a knife. The individual believed to have stabbed the individuals had an address which provided housing for homeless and those living with hiv or aids. dailymail.com

From the museum video, it would appear that each worker was stabbed with the same knife.

This incident raises the issue of blood borne diseases. The story reports that the attacker lived at a facility that is dedicated to people with human immunodeficiency virus.

Why Do These Facts Matter?

Blood Borne Diseases are included to be claimed within California Workers’ Compensation. Thus, treatment and compensation for these conditions contracted industrially are to be provided. In museum stabbings, it would appear medically indicated that both of these workers be treated for stab wounds as well as receive work-ups for any blood borne illnesses. Should a blood borne disease be caused by the stabbing, i,e, hiv or hepatitis, the individual would be able to make a claim for the injury.

A Blood Borne Disease Designation, in Workers’ Compensation, can afford additional benefits to Injured Workers in the form of total temporary disability benefits. Per LC 4656, an Applicant is entitled to up to 240 week during a period from five years from the date of injury for cases of acute and chronic hepatitis b, acute and chronic hepatitis, and human immunodeficiency virus, hiv. This is in contrast with 104 week limitation for most claims.

What If I Need Advice?