Medical care, in workers’ compensation, also is a source of evidence. Medical reports are considered as evidence concerning injury. In this instance, physical signs, such as bruising, as well vital signs, i.e. blood pressure, are documented.
A Hospital’s Active Shooter Drill apparently went amuck. Psychiatric Hospital Worker asked to play the role of an Active Shooter was arrested when the Police were not aware of the drill. As a result, he was handcuffed. According to a lawsuit filed, the Hospital Worker “heard the safeties come off the police officers’ weapons. [He] was scared for his life.”
It was further reported that he was traumatized and he “It’s really a struggle for me to come there every day,” he told the Free Press, adding that he returned to work the next day but left early because he felt uncomfortable.” It was also reported that “he’s only received a “half-assed” apology from his supervisor, adding that counseling he was provided wasn’t useful.” According to his lawyers, “he has suffered “anxiety, fear, depression and even suicidal ideation in the days, weeks and months since this incident.” It was reported that “his lawyer is helping to get him mental health treatment after his request was denied.” Detroit Free Press
What Was Applicant’s Occupation At The Time of the Injury?
Occupations, at the time of the injury, can determine the nature and extent of an Injured Worker’s permanent disability. In this fact pattern, the Injured Worker engaged in an activity far different from his job as a Psych Tech. Technically, one could indicate that he would be considered as an Actor.
In California, the type of employment allows for an occupational adjustment. Occupational adjustments take place in the rating formula. Bodily injuries are adjusted upwards and downwards based upon factors including arduousness. For example, a furniture mover would get an increased rating for the low back injury.
With respect to this individual, a legitimate inquiry into occupational group would be indicated. An actor’s mental capability might be considered more arduous or taxing versus a Psych Tech.
Are The Symptoms He Reported on Important for Permanent Disability?
Yes. In California, the Injured Worker not only spelled out symptoms, he also commented upon his ability to function. One serious symptom he indicated was suicidal ideation. For functioning, his difficulty being a work setting is worthy of consideration.
In California, Psychiatric impairment are evaluated by the physician using the Global Assessment of Function (GAF) scale. The resultant GAF score shall then be converted to a whole person impairment rating. To assess the GAF score both an individual’s symptom severity and level of functioning are considered.
What Are Injured Individual’s Treatment Rights?
The fact pattern indicates that the Injured Worker’s treatment was not helpful.
In California, an Injured Worker is able to choose their own doctor. Even if an Injured Worker is within a Medical Provider Network from the Insurance Company, they are allowed to choose their doctor. Thus, under Labor Code Section 4600, this Injured Worker, if they did not find the treatment helpful, could have changed to another doctor.
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.
Television Golf Reporter, Sage Steele, sustained an industrial injury when a line drive golf ball struck her in the face at a Professional Tournament. She sustained facial injuries which included dental. She reported that she “the luckiest person in the world to still be here.” Foxnews.com She reported “it is amazing how quickly life can change, right?” She reported that Steele said she has “a long way to go” in her recovery but extended thanks to all those who wished her well and her dentist for his extensive care. Foxnews.com
This fact pattern addresses many issues in workers’ compensation. There are venue issues and treatment issues. This story offers a touch on the reality of the impact of serious work injuries upon an employee.
Where Should This Claim Be Filed?
Jurisdiction and Venue are legal terms which address the location legal action may be filed. In Workers’ Compensation Law, there are several factors which may impact both the state and the location of where an action is filed. Factors that are consider include the location of the employment, the residence of the employee, and the location of the injury. In this instance, Ms. Steele may work out of a particular state, i.e. California. As such, California a proper venue.
Are Dental Injuries Covered Under Workers’ Compensation?
Yes. In California, dental injuries are covered. Thus, dental treatment to cure or relieve from the effects of the injury are to be provides in accordance with Labor Code Section 4600. Dental treatment is subject to Utilization Review. Depending upon the nature of the dental condition, a lifetime award can be provided if medically indicated. For those not having dental insurance, the award of future care can be invaluable.
What Is the Lesson From This Work Injury?
Work injuries can be life changing events. Significant life changes can include permanent medical conditions that can cause pain or impairment. Likewise, serious injuries can end one’s ability to perform their vocation. Ms. Steele’s view of being lucky represents the reality for many workers.
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.
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?
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.
There was no “Happy Meal” at a Boston McDonalds when minors allegedly terrorized the store. The minors alleged conduct was so horrible that the Manager closed the restaurant.
It is alleged that these minors threw rocks and water bottles as customers and employees.
It is reported that “[a]fter the worker tossed a cup of Coke that got on one of the kids’ jeans, the group ran inside to look for the employee. That’s when one of the juveniles is accused of striking the employee “with a closed fist, causing a bump underneath (their) left eye,” the police report states. Boston EMS evaluated the worker, who refused to be transported to the hospital.” Bostonherald.com
This case will be analyzed under California Workers’ Compensation Law.
If the Worker Tossed the Cup of Coke, and Started the Incident, Would That Impact A Workers’ Compenation Claim?
Maybe. Labor Code Section 3600(a) (7) provides “[w]here the injury does not arise out of an altercation in which the injured employee is the initial physical aggressor.” This is a factual determination. Prior to the coke cup toss by the Injured Worker, the minors may have already been throwing objects at the worker. Thus, the minor may be considered as the initial aggressor. Otherwise, the fact that the minor entered the store to search out the employee may give rise to that event as the initial physically aggressive act. Alternatively, the tossing of the drink may not be ruled as to constitute a physical act. Further, the nature of the physical injury may give rise to dismiss the initial aggressor defense. A closed fist blow is truly a physical act as opposed to a tossed drink that got the minor’s pants.
If The Worker Initially Declined Medical Attention, Would That Impact A Workers’ Compensation Claim?
No. There is no need to accept immediate medical attention. Employers initially have medical control rights. In this instance, McDonalds was responsible to provide the initial medical treatment. At the time of the injury, the fact that the Injured Worker declined to go to the hospital would not bar the claim. The Injured Worker, if they were in need of treatment, would be obligated to initially request treatment from McDonalds.
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.