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HIGH SCHOOL COACHES STRESSED BY HARASSMENT: INJURED WORKERS’ IN THE NEWS, #108

Long Beach High School Basketball Coaches are reportedly getting  harassed on the job. It has been reported reported that a second coach recently resigned.

With the last resignation, the Coach indicated that they received text messages from the parents. “It was eating me alive—the text messages I received, the messages going back and forth on Instagram,”  Nbc News.  The reporting noted that “both coaches emphasized that these aggressive parents are making volunteer coaching positions difficult to justify, as the toll on mental health becomes too significant.” Nbc News.  The news report that the Long Beach Unified School District was contacted on the matter and refrained from making any comment.

This post will explore whether this particular fact pattern could give rise to a workers’ compensation injury claim.

Can Someone File a Stress Claim If They Resign?

A resignation due to stress would not bar a workers’ compensation claim.  An Injured Worker can pursue a claim regardless of their employment status.  In this instance, the claim would likely be a stress or psyche claim.  Thus, the claim would be for a psychological injury such as an anxiety or depressive disorder.

Can Someone Claim Benefits If They Are A Volunteer?

Yes. It is possible that a Volunteer can claim workers’ compensation benefits.  There are some provisions that allow volunteers to file claims. These individuals should check  with the HR department to see if they are eligible.

Does Parental Harassment Constitute Job Stress?

Yes. Parental harassment would be considered as an industrially related stress.

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.

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.

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