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ELDERLY SUBSTITUTE TEACHER BEATEN BY “MAN CHILD”: INJURED WORKER IN THE NEWS, #110

Posted on March 4, 2024 by Edward Singer

A 74 year-old Substitute Teacher was beaten by a 280 pound student. Dailymail,com. As a result of the assault, the High School Teacher sustained severe facial injuries. The news reporting did not indicate as to whether there were additional injuries.

This article will discuss the issues that present under this fact pattern within the context of California Workers’ Compensation Law.

Should the Fact that the Worker is a Substitute Teacher Matter?

Yes. Workers’ Compensation benefits are based upon an Injured Worker’s Average Weekly Wage. As such, a “red flag” is raised with respect to a Substiute Teacher. There are questions as to whether they were a full-time or part-time worker?

Also, did the Injured Worker have any other income from additional employment?

Also, an issue to be raised as to whether the work was seasonal or year-round. It is possible that benefits can be cut off during a period when school is not in session.

Does the Teacher’s Advance Age Matter?

Yes. An individual’s rating percentage has an age component. In this matter, the Injured Worker’s rating would be the highest based upon his age adjustment.

What Type Of Injuries Are There In This Matter?

Give this fact pattern, there is a cosmetic injury, a possible head injury and a possible psychiatric injury. These diagnoses are to be issued by medical professionals.

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.

JAIL DEPUTY GETS EAR BITTEN : INJURED WORKERS IN THE NEWS, #83

Posted on May 9, 2023 by Edward Singer

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?

ROCK GETS DELIVERED INTO FED-EX DRIVER’S HEAD: INJURED WORKERS IN THE NEWS #82

Posted on May 1, 2023 by Edward Singer

A FedEx Semi Truck Driver was seriously injured when, according to the police, has a rock thrown into his windshield. It is reported that he had significant injuries to his head. According to the report, “The only thing I remember is waking up in the ambulance truck with them asking me questions,” the driver said. He also said that “I have three broken or fractured bones under my eye and I had to get a little over 27 stitches in my lip top and bottom,” Hampton said. Fox.com

If No One Really Knows How The Rock Hit The Windshield, Does It Matter?

No. Workers’ Compensation is a “no fault” system. The regardless of how and why the rock struck the windshield, it did cause an injury. Thus, given the fact pattern, the fact pattern presents as a legitimate work injury entitling the worker to benefits.

Where Can The Claim Be Filed?

Since the Driver works for a private company, FedEx, his case will be addressed within State Workers’ Compensation Laws. Thus, the Driver must determine which State will serve as the venue. There are a variety of factors that come into play with respect to this decision where to file the claim, i.e. where the driver lives, what FedEx location the driver works out of, and where the accident happened. Thus, an analysis should be done with respect to this issue prior to filing the claim.

What Injury Claims Does This Worker Have?

In light of the facts, it would appear that this Driver suffered a head injury which included a loss of consciousness. Usually, the loss of consciousness usually indicates that that he suffered a concussion. Likewise, he may have suffered a vision injury. Further, he suffered a cosmetic injury due to 27 stitches on his face. Possibly, he may have also suffered a dental injury. Significantly Injured Workers are overwhelmed by their immediate concerns and may miss reporting body parts at the onset of the claim. Therefore, it is important to get them documented by either reporting the body parts to claims and the medical providers.

What if I Need Advice?

Southwest Airlines Attendant Sustains Dental Trauma As A Result of Unruly Passenger: Injured Worker In the News, #39

Posted on June 1, 2022 by Edward Singer

It is reported that an Unruly Passenger was sentenced concerning to jail time as a result of an attack of a Soutwest Airline Flight Attendant. The Attendant reportedly received a blow to her face and had some teeth broken. The plea agreement noted that the Flight Attendant suffered three chipped teeth, two of which needed crowns, along with bruises and a cut under her left eye. Dailymail.com

From the facts, the Attendant could sue the Passenger civilly for the tort action of battery. Additionally, the Southwest Airlines’ Worker has a workers’ compensation claim. This article will discuss where the Injured Worker can pursue a workers’ compensation claim as well as the benefits that would be received.

Where Can The Flight Attendant File Their Claim?

Yes. The Flight Attendant has multiple locations at which they may file their claim. For a Workers’ Compensation Appeals Board filing, the venue can be determined by the Worker’s address, the Employer’s address or the location of the injury. Applicant’s attorney’s address can also serve as venue. Since, this accident occurred midair, the location where injury happened is tricky. As such, the Employee’s residence is likely a better choice of venue. As the flight was from San Diego to Sacramento, it is likely that the San Diego WCAB would likely be the venue for the Employee’s address. Likewise, if Southwest Airlines had a terminal at the San Diego Airport, the San Diego Workers’ Compensation Appeals Board would most likely be an appropriate venue as well.

What Work-Related Injuries Can the Flight Attendant Claim?

For the purposes of this answer, we will limit the body parts as reported on the plea agreement. Thus, the Attendant sustained dental injuries as well as a facial/cosmetic injury.

The Injured Worker would have been entitled to dental care to cure or relieve from the effects of the injury as well as permanent disability, if indicated. Likewise, future medical care would be likely should the dental work need repair.

The cut under the left eye may also require cosmetic repair. Thus, medical treatment Also, the cut may have caused permanent cosmetic injury. This may entitle an award of permanent disability depending upon the nature and extent of the defect.

What If I Need Advice?

A Walgreen’s Worker Punched in the Face: Injured Worker in the News # 14

Posted on February 14, 2022 by Edward Singer

In New York, in a Walgreens aka Duane Reade Store, a Pharmacy Worker was punched in the face by a shoplifter. It is reported that the shoplifter “approached by a 21-year-old woman store employee who directed him to put the items back, the man allegedly punched the worker in the face, grabbed her hair and threw her to the ground, according to the NYPD.” nypost.com

This article will discuss the various injuries that Pharmacy Worker may have sustained.

Can There Be Physical and Mental Injuries in Workers’ Compensation?

Workers’ Compensation in California allows for both physical and mental injuries. In this instance, there may have been injury to her head, her scalp and other musculoskeletal injuries. The mental injury can be a psychological injury such as post-traumatic stress disorder.

Are There Any Unique Injuries In This Matter?

Yes. The punch to the face could have caused a facial injury. This could have resulted in a cosmetic disfigurement. Likewise, there may be a neurological injury. The Worker may have sustained a concussion.

In sum, this Worker’s injury claim may involve multiple body parts and multiple medical concerns.

What If I Need Advice?