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JOB INJURIES FROM ANIMALS: OCCUPATIONAL EXPOSURE TO ANIMALS AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Posted on August 4, 2020 by Edward Singer

Many Workers, in the open labor market, work closely with animals. These workers are at risk for unique Animal-Related Injuries. Additionally, there are Workers who work in areas where they are exposed to either dead animals or animal biproducts such as dander, urine or feces. These exposures place Workers at risk for injuries as well.

Animal-Related Work Injuries can range from very minor to very serious. Some can even result in the Worker’s death.

This article will discuss Animal-Related Work Injuries, what type of Occupations that are at risk for Animal-Related Work Injuries, what type of Animals are the sources of Animal-Related Work Injuries, the various mechanisms of injury from Animal-Related Work Injuries, Labor Code Sections that may relate to Animal-Related Work Injuries, and Caselaw concerning Animal-Related Work Injuries.

How Are Animals Harmful to Workers?

Animals are harmful to workers in many ways. “Live” Animals can pose risk of injury to workers. “Dead” Animals can pose a risk of injury to workers. Animal biproducts, such as dander, feathers, feces, and urine, can pose a risk to workers. As a result, Workers are capable of sustaining Animal-Related Work Injuries without ever seeing or coming in contact with an animal.

Note: for the purposes of this article, the term “Animals” refers to Live Animals, Dead Animals and Animal biproducts.

What Occupations are at Risk for Animal-Related Work Injuries?

Animal-related Work Injuries impact both the Public and Private Sector Employees.

There are many Public Sector Employees who are at risk for Animal-Related Work Injuries. They include Animal Control Officers, Firefighters, Forestry Workers, Meter Readers, Mosquito District Employees, Police Officers, Postal Officers, and Utility Workers. Are Animals Animals Animals Occupational Hazards? Occupational Hazards? Compensation and Working Conditions Fall 2000, P. 15.

There are many Private Sector Employees who are at risk for Animal-Related Work Injuries. They include Animal Caretakers, Animal Trainers, Butchers, Cattle Workers, Construction Workers, Dog Walkers, Farm Workers, Fisherman, Food Processors, Gardeners, Groundskeepers, House Sitters, Janitors, Jockeys, Laboratory Workers, Laborers, Landscapers, Machine Operators, Meat Cutters, Rodeo Riders, Slaughterhouse Workers, Transportation Workers, and Veterinary Technicians, and Veterinarians. Supra.

What Animals Can Cause Work-Related Injuries?

Practically every species of animal can be a source of an Animal-Related Work Injury. Animals that can be a cause of include Arachnids, Bees, Birds, Bovine, Cattle, Chickens, Dogs, Ducks, Fire Ants, Fish, Geese, Hornets, Horses, Insects, Mosquitos, Rats, Reptiles, Rodents, Scorpions, Sheep, Snakes, Spiders, Swine, Ticks, Turkeys, and Wasps.

What Types of Injures Can be Animal-Related?

There is a wide variety of mechanisms of injury that can involve Animals.

Allergic Reactions: This can include Cats, Dogs and Horses for dander, Fish, Shellfish and Insects

Attacks: This can include Cows, Cattle and Dogs.

Bites: This can be from Cats, Dogs, and Insects

These bites can include venom. Bites can cause illness such as Lyme disease or Rocky Mountain Spotted Fever.

Exposure/Inhalation: Workers can experience respiratory diseases as a result of exposure to animal products, dust, pathogens or chemicals(pesticides/disinfectants.)See Occupational Health (M Friesen and K Applebaum Section Editors) Published: 10 December 2019 Recent Research on Occupational Animal Exposures and Health Risks: A Narrative Review Caroline Dignard & Jessica H. Leibler Current Environmental Health Reports volume 6, pages236–246(2019)

Falls: Workers can fall off of ladders when being distracted by insects or fowl.

Goring: This can occur in the rodeo settling.

Interference: This can occur during transportation. For example, Animals on roads causing drivers to swerve or stop.

Lifting: Certain Job tasks involve the lifting of both live and dead animals

Mechanical Interference: Animals getting into machinery causing dysfunction. For example, Birds getting sucked into jet turbines.

Scratches: Scratches from cats can cause disease.

Dogs versus Cats: An Interesting Fun Fact

Dogs are three times power of a work hazard for nonfatal injuries than cats. Are Animals Animals Animals Occupational Hazards? Compensation and Working Conditions Fall 2000, P. 15.

Are there Any Statutes that Assist Injured Workers with Animal-Related Injuries?

Yes. There are a variety of Labor Code Sections that can assist Injured Workers with Animal-Related injuries.

These include

LYME DISEASE: There is a Lyme Disease Presumption for certain individuals. See Labor Code Section Labor Code Section 3212.12, which applies to certain Law Enforcement Officers and California Conservation Corp Personnel. For a detailed article on the Presumption, click here.

WEST NILE VIRUS: There is a Blood-Borne Disease Presumption for certain individuals. See Labor Code Section 3212.8, which applies to certain Law Enforcement and Safety Officers. For a detailed article discussing the Labor Code Section, click here

Is there Caselaw Involving Animal-Related Work Injuries?

Horse Related Injury: Hanrahan vs. California Horsemen’s Alliance, 2012 Cal. Wrk. Comp. P.D. LEXIS 578 (An injury of a worker being struck in the head by a horse that was moving. The eye injury was considered to be a high velocity eye injury which then allowed for up to 240 weeks of total temporary disability.)

Lyme Disease: Kuhl vs. Orange County Fire Authority, 2016 Cal. Wrk. Comp. P.D. LEXIS 642 (Injured Worker sustained burden of proving industrially caused Lyme Disease and received a 100 percent award.)

West Nile Virus: Leggette vs. CPS Security, 2020 Cal. Wrk. Comp. P. D. Lexis 3, 85 C.C.C. 321 (Applicant was found to have injury work-related when he contracted West Nile Virus as a result of being bitten by mosquitos)

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.

HEARING LOSS AND WORKERS’ COMPENSATION: NOISE EXPOSURE AND INDUSTRIAL INJURY: WHAT YOU NEED TO KNOW

Posted on July 29, 2020 by Edward Singer

Hearing Loss, if there is industrial contribution, can be grounds for a workers’ compensation claim. A workers’ compensation claim, if successful, would allow the Injured Worker to claim monetary benefits, medical care, and vocational rehabilitation benefits. For Hearing Loss cases, if medically indicated, the Injured Worker would be entitled to be supplied Hearing Aids as long as they are deemed medically necessary pursuant to Labor Code Section 4600.

Hearing Loss can be caused for a variety of reasons. One of the sources is noise. Definitionally, it is called “Noise Induced Hearing Loss.” (NIHL)

This article will discuss “Noise Induced Hearing Loss”, how “Noise Induced Hearing Loss” can be work-related, what Occupations are susceptible to hearing loss, and other possible causes for industrial hearing loss.

Is there a Historical Legal Basis for Work-Related Hearing Loss?

Caselaw has supported work-related hearing loss. In Messner vs. IAC, (1962) 27 Cal. Comp. Cases 226 (writ denied) it is quoted “[w]hile the distinction between the etiological mechanics of continuous trauma and disease may be elusive in its application to a particular set of facts, there is a considerable difference in the legal consequences flowing therefrom. The Commission has long taken the position that hearing loss is an occupational disease. We do not believe that we can alter the theory to fit the facts.” [emphasis added]

How is Noise Induced Hearing Loss (NIHL) Caused?

Noise-induced hearing loss (NIHL) occurs when loud noise causes an irreversible damage of the cochlear hair cells of the inner ear. This can occur by exposure to either intermittent or continuous hazardous sounds. Hazardous noise sound levels can occur when they exceed 85 decibels.

What Type of Doctor Addresses Hearing Loss?

The field of medicine that addresses hearing loss is Otolaryngology. Doctors within the specialty focus on the ears, nose and throat. There are referred to as Otolaryngologists or also known as ENT (Ear, Nose, and Throat) Doctors.

Are There Controversies with Respect to Work-Related Hearing Loss?

Yes. There are controversies with respect to hearing loss claims. They include causation and disability.

CAUSATION

An excellent example of an analysis of causation comes from the case of Kaiser Cement vs. WCAB (1986) 51 Cal. Comp. Cases 232 (Opinion Not Published.) The doctor opining non-industrial causation went through the following analysis. Bear in mind that this is a long analysis. While the WCAB did not side with this doctor, it clearly shows the depth and the analysis that will be done when a doctor evaluates a NIHL claim.

“The audiology report submitted by Dr. Billings noted noise exposure consisting of use of rifles and 22-millimeter guns without hearing protection while applicant was in the Navy from 1942 to 1945, as well as noise exposure on the job at Kaiser Cement. Dr. Billings described the occupational noise exposure at Kaiser Cement as “Mill noise about 20% of the time while employed as a laborer by Kaiser Cement from 1966 to 1968 and about 50% of the time while employed as an electrician/oiler by Kaiser Cement from 1973 to 1979. [Applicant] was also exposed to conveyor belt noise, motor noise and fan noise while employed as a cooler tender by Kaiser Cement from 1968 to 1973 and he was exposed to noise from dozers, graders, scrapers and loaders while employed as a heavy equipment operator by Kaiser Cement from 1979 to 1984. [Applicant] did not wear ear protection from 1966 to 1973 but he did wear ear plugs whenever exposed to intense noise from 1973 on. Cement mill noise, conveyor belts, motors, fans and heavy equipment such as dozers, graders, scrapers and loaders can generate noise levels that are hazardous to hearing without the use of ear protection.”

Dr. Billings further reported nonoccupational noise exposure consisting of applicant’s recreational use of shotguns, rifles and pistols approximately 15 times between 1946 and 1984. Dr. Billings further noted that presbycusis (hearing loss due to normal aging) usually begins at about 45 years of age in males. Because the applicant was 58 years of age at the time of evaluation, Dr. Billings reported presbycusis as a causative factor related to his hearing loss. Dr Billings concluded, “It is most probable that at least a portion of [applicant’s] present hearing loss was caused by all of the above factors and that his noise exposure at Kaiser Cement was the major causative factor of the noise causative factors. It is also most probable that some other unknown medical factor caused a significant portion of [applicant’s] present hearing loss. This opinion is based on the fact that [applicant’s] present hearing loss is considerably more severe than would be expected from his noise exposure and presbycusis …. [M]ost employees who are exposed to intense occupational noise all day every day during a working lifetime of 21 years without wearing ear protection will not incure a hearing loss at 1,000 Hz and lower frequencies. In addition, it is generally accepted that a noise-induced hearing loss will reach a maximum level of about 70 dB HL, regardless of the number of years of exposure. Since [applicant’s] hearing loss in both ears exceed these criteria considerably, it must be concluded that some other medical causative factor is responsible for a significant portion of [applicant’s] present hearing loss in addition to his noise exposure and presbycusis. It is recommended that [applicant’s] hearing loss due to noise exposure be calculated as being 0 dB HL at 500 and 1,000 Hz and as being the maximum noise-induced hearing loss of 70 dB HL at 2,000 and 3,000 Hz in both ears. Using these levels in the AAO method for calculating percent hearing handicap …, [applicant] would have a 15% hearing impairment of the right ear, a 15% hearing impairment of the left ear and a 15% binaural hearing handicap. Using these levels for calculation gives [applicant] the benefit of the doubt since these levels are based on 21 years of full-time exposure to intense occupational noise without wearing ear protection while [applicant] was only exposed to noise about 20% of the time from 1966 to 1968 without wearing ear protection, he was exposed to noise all of the time (including many 12 to 18 hour days) from 1968 to 1973 without wearing ear protection and although he was exposed to noise from 1973 on (including many 16 hour days from 1979 to 1984), he wore earplugs during all of his noise exposure from 1973 on and he reported that the earplugs were effective in reducing the background noise levels.””

PERMANENT DISABILITY

Hearing Loss becomes a Permanent Disability when the testing reaches a certain level. Currently, the AMA Guides for Rating Permanent Impairment, 5^th Edition apply.

The following is an analysis of hearing loss that was made under the old non-AMA Permanent Disability Schedule. This case provides insight as to how a doctor will make a no Permanent Disability assessment. In Fleming vs. WCAB (1975) 40 C.C.C. 642, “Dr. Charles Lebo in his reports dated August 17, 1973 and September 24, 1974 indicated that Fleming had a minor bilateral high frequency hearing loss and that noise induced hearing losses are permanent, non-progressive, untreatable and non-disabling. Dr. Lebo also stated that the “regular use of approved ear protectors” would let Fleming continue to work in his regular occupation “without the risk of further noise-induced ear damage.””

What Types of Industries/Occupations are Subject to Hearing Loss?

There are various industries that can be subject to hearing loss claims. They include industries such as agriculture, airline, construction, law enforcement, mining, oil railroad, refining, safety, textile, and trucking. See Occupational Noise-induced Hearing Loss MH Azizi Int J Occup Environ Med Vol 1, No 3 (2010)

Further, there are occupations like Dentists, Professionals, and Trucking that are at risk of NIHL.

Besides NIHL, Are There Other Occupational Sources of Hearing Loss?

Yes. There are other Occupational Sources of Hearing Loss. Hearing Loss can be caused by ototoxicity. “Ototoxicity is, quite simply, ear poisoning (oto = ear, toxicity = poisoning), which results from exposure to drugs or chemicals that damage the inner ear or the vestibulo-cochlear nerve.” Vestibular Disorders Organization. “Many chemicals have ototoxic potential, including over-the-counter drugs, prescription medications, and environmental chemicals.” Supra.

What If I Need Legal Advice?

OUTDOOR WORKERS, INSECT-RELATED INJURIES, AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Posted on July 8, 2020 by Edward Singer

Many Occupations which involve “Outdoor Work.” “Outdoor Work” exposes workers to insects. Particularly in the outdoors, there are insects that can either carry illnesses or can exact injuries. The common method of transmission of these illnesses or injuries are “bites.” The severity of an Insect Bite Injuries can range from mild to fatal. A Insect Bite, in the workplace, can bring rise to a workers’ compensation claim and entitlement to both monetary benefits and medical care.

Human succumbing to diseases related to insect exposure has become more prevalent. Irrespective of work-relatedness, insect-related disease cases have tripled from 2004 to 2016. Further, there have been new germs [that are insect related] which have been either discovered or introduced since 2004. CDC

The increase in these types of cases is explained by a vibrant economy and tourism in that “[c]ommerce moves mosquitoes, ticks, and fleas around the world; Infected travelers can introduce and spread germs across the world; and Mosquitoes and ticks move germs into new areas of the US, causing more people to be at risk.” CDC

This article will discuss “Outdoor Work,” the types of insect exposures that occur in the workplace, and the types of injuries that can occur in the workplace. The article will discuss special laws that apply to certain insect bite injuries as well as caselaw of interest with respect to insect bites.

What Type of Occupations Involve “Outside Work?”

There is a large variety of occupations that involve “outdoor work.” Occupation Groups with “outdoor work” can include Agriculture, Construction, Fire and Safety, Forestry, Landscaping, Law Enforcement, Lifeguard. Mining, Prison, and Refining,

How Common Are Insect Bite Injuries?

Per the ACAAI, “[t]housands of people enter hospital emergency rooms or urgent care clinics every year suffering from insect stings. It has been estimated that potentially life-threatening allergic reactions occur in 0.4% – 0.8% of children and 3% of adults. At least 90 – 100 deaths per year result from insect sting anaphylaxis.” Some of these individuals were working at the time they were stung.

What Are Common Insect Bites?

Per the ACAAI, “[t]he majority of insect stings in the United States come from wasps, yellow jackets, hornets and honeybees. The red or black imported fire ant now infests more than 260 million acres in the southern United States, where it has become a significant health hazard and may be the number one agent of insect stings.”

What Are the Consequences of Insect Bites and Insect Bite Allergies?

Per the ACAAI, “[t]he most serious reaction to an insect sting is an allergic one. This condition requires immediate medical attention. Symptoms of an allergic reaction may include one or more of the following: Hives, itching and swelling in areas other than the sting site, Abdominal cramping, vomiting, intense nausea or diarrhea, Tightness in the chest and difficulty in breathing, Hoarse voice or swelling of the tongue or throat, or difficulty swallowing.

An even more severe allergic reaction, or anaphylaxis can occur within minutes after the sting and may be life-threatening. A dose of epinephrine (adrenaline), typically administered in an auto-injector, and immediate medical attention are required. Symptoms may include: Dizziness or a sharp drop in blood pressure [or] Loss of consciousness or cardiac arrest.” It should be noted that “People who have experienced an allergic reaction to an insect sting have a 60% chance of a similar or worse reaction if stung again.”.

The California Department of Public Health (CDPH) has reported on a tragic story of a date palm tree worker who died after he was attacked by multiple bees at an organic orchard in Southern California.

What Insects are Problematic?

Some of the problematic insects include bees, fleas, mosquitos, and ticks.

What Types of Diseases Can Rise from Insects?

Mosquito-borne diseases can include California Serogroup Viruses, Chikungunya Virus, Dengue Viruses, Eastern Equine Encephalitis Virus, Malaria Plasmodium, St. Louis Encephalitis Virus, West Nile Virus, Yellow Fever Virus, and Zika Virus.

Tickborne Diseases can include Anaplasmosis/Ehrlichiosis, Babesiosis, Lyme Disease, Powassan Virus, Spotted Fever Rickettsiosis, and Tularemia.

Flea-borne disease can include the Plague.

Can Bites Cause Other Injuries?

Yes. Sometimes the bite itself can cause injury. For example, there are Africanized Honey Bees. They have a venom that can impact various human organs. Further, a multitude of bites cause anaphylactic shock due.

Other bites of concern include fire ant bites, hornet bites, scorpion bites, and wasp bites.

If Someone is Allergic to Insect Bites and They are Bitten at Work and Sustain Illness, Is it Work-Related?

Yes. Pre-existing conditions do not bar an Injured Worker from making a workers’ compensation claim. An aggravation or acceleration of an underlying condition can be considered as a work injury. Therefore, a Worker who is allergic to particular insect bites could be able to claim an injury if they were bitten while at work.

Are There Statutes Which Protect Injured Workers Who Sustain Work-Related Insect-Bites?

Yes. There are two statutes which protect certain Police and Safety Personnel with respect to certain types of insect bites.

There is a statute that provides for a statutory presumption for Lyme Disease, Labor Code Section 3212.12, which applies to certain Police, Safety and Conservation Corps members. For an article on the Lyme Disease Presumption click here.

There is a statute that does not specifically address insect bites but does address some insect bite injuries. There is a statute that provides for blood-borne illnesses. This statute applies to insect-bites in that some of them involve a blood borne transmission of a disease or illness. In those circumstances, the presumption would therefore apply to an insect bite. Labor Code Section 3212.8 provides a blood borne disease presumption to certain Safety and Law Enforcement Officers. For an article on the Blood Borne Disease Presumption, click here.

Is There Case Law Concerning Insect Bites?

Yes. There are various issues relating to insect bites in the workplace.

There are issues of whether the bite should be considered as a work-related event.

LYME DISEASE: In the matter of County of Mendocino vs. WCAB (1995) 60 C.C.C. 220, the “WCJ found that Applicant sustained a tick bite while employed by Defendant but could not conclude whether Applicant presently had Lyme Disease. However, the WCJ stated that the medical history was clear that the problems Applicant had were the result of the tick bite in question, and whether or not it was called Lyme Disease, the medical evidence clearly showed that, from this tick bite, Applicant suffered damage, including lost time from work and need for medical treatment, as well as possibly the need for future medical treatment.

WEST NILE VIRUS: In Leggette vs. CPS Security (2020) 85 C.C.C. 321(Board Panel Decision) the WCAB found that Applicant sustained an injury for West Nile Virus when Applicant bitten by mosquitos while working as a security guard at a construction site.

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.

Pain, Symptom Severity and Pain Reporting in Workers’ Compensation: What You Need to Know

Posted on March 4, 2019 by Edward Singer

In California Workers’ Compensation Law, there are many times that Injured Workers are asked to describe the nature and extent of their Pain. Injured Worker’s Pain Reporting is a vital part of the workers’ compensation system. This article will discuss the terminology used within workers’ compensation to describe the nature and extent of pain. Pain Reporting is essential to the Workers’ Compensation System. Pain Reporting can impact everything from the acceptance of the claim as being industrial, to the provision of benefits, and to the provision of medical care.

Pain Reporting can be subjective. People have different tolerance to pain. Pain can be different in nature. Pain can be dull. Pain can be sharp. Pain can be momentary. Pain can be unrelenting. Further, many times it is hard for an observer to understand an individual’s pain. Due to the subjectiveness and the difficulty in verification, Pain Reporting has an element of doubt as to its nature and extent with respect to Insurance Companies. All parties involved within the workers’ compensation, doctors, attorneys, and judges, will be assessing whether the Injured Worker’s Pain Reporting is valid for the purposes of handling the claim.

Injured Worker’s Pain Reporting validity impacts the very foundation of many workers’ compensation claims. Pain Reporting, for which Judges and Medical Evaluators view as credible, can lead to the provision of workers’ compensation benefits. This can include such items as the finding of injury being industrial to findings concerning the nature and extent of the injury. Pain Reporting, for which Judges and Medical Evaluators view as non-credible, can negatively impact one’s workers’ compensation claim. This can include finding that there was no valid claim to the diminishment of benefits. Continue reading →

Cancer Presumption – California Worker’s Comp

California Workers’ Compensation Law provides for a special cancer presumption for certain Police and Safety members. This cancer presumption makes it easier for an individual to prove that their cancer illness is work-related. Once found work-related, an individual can obtain the entire array of benefits which include total temporary disability, medical care, permanent disability et al. The pertinent section Labor Code Section 3212.1 Continue reading →