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TEACHER BATTERED IN THE HEAD BY STUDENT: INJURED WORKERS IN THE NEWS #78

Posted on March 1, 2023 by Edward Singer

In a highly publicized matter, a Teacher was reportedly battered as a result of taking away a video game from a child. According to the news account, the video showed the student charging towards the teacher and knocking her onto the ground. He stomped, kicked and punched her numerous times. As a result of the injuries, she lost her consciousness.

This matter will be discussed on a variety of issues.

If the Teacher Wrongly Took Away The Game From the Child, Would She Be Ineligible for Workers’ Compensation Benefits?

No. From the facts known, the Teacher did not act as the initial aggressor in the incident. This is supported by the fact that Police have arrested the Student and he is being charged with a crime. Also, workers’ compensation is a no-fault system. A mistake in taking away an item from a student causing an incident would not impact the eligibility for workers’ compensation.

If The Teacher Cannot Return to Teaching, Is Workers’ Compensation Her Only Means of Recovery?

In California, there is the State Teachers Retirement System which is known as CALSTRS. Assuming the Teacher works at a public school, she is entitled to pursue a disability retirement.

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.

LAX SHUTTLE BUS COLLIDES WITH PLANE: INJURED WORKERS IN THE NEWS, #76

Posted on February 15, 2023 by Edward Singer

A LAX Shuttlebus collided with a taxiing Airplane. It was reported that the plane struck the bus. The news account indicated that the cause of the injury was unknown.

As a result of the accident, both the Tug Driver and the Bus Driver may have both been injured and required hospitalization. nypost.com

This article will discuss the nature of fault with respect to an accident and its impact on a workers’ compensation claim.

Even if fault has not been established, can these Injured Workers pursue workers’ compensation claims?

Yes. Workers’ compensation is a “no fault” system. Thus, even if either the tug operator or the bus driver were negligent, both employees can pursue claims with their employer. Labor Code Section 3600(a) provides for compensation without regard to negligence. Absent any exception to the rule, it would appear that both workers have valid work injury claims.

If negligence was established against one of the drivers, can they still pursue a workers’ compensation claim?

Yes. An Injured Worker who got hurt as a result of their own negligence, in general, can pursue a claim. Labor Code Section 3600(a) provides for compensation without regard to negligence. Absent any exception to the rule, it would appear that both workers have valid work injury claims.

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A DOLPHIN ATTACKS TRAINER: INJURED WORKER IN THE NEWS, #30

Posted on April 14, 2022 by Edward Singer

In a Miami Aquarium, a Dolphin, “Sundance,” attacked his trainer. It was reported that the dolphin repeatedly struck the trainer and tried to pull the trainer down into the water. Apparently, the altercation may have been caused when the trainer had accidentally scratched the dolphin. After the attack, the visibly shaken trainer was taken by ambulance to a local hospital. www.local10.com

This article will discuss the legal issues of this incident within the California Workers’ Compensation System.

If the Trainer Accidentally Scratched the Dolphin and This Caused the Dolphin to Attack Him, Does This Bar The Trainer From Pursuing A Workers’ Compensation Claim?

No. Workers’ Compensation is a “no fault” system. Thus, an employee’s accidental contact causing an injury would not be a bar.

Does Applicant’s Animal Trainer Position Impact Their Compensation?

Yes. Permanent Disability assessment includes an injured worker’s employment class. This is called an Occupational Group Code. A job’s physical arduousness can increase the permanent disability. Per the Rating Manual, an Animal Trainer’s group number is 390. Since Animal Trainer’s job can be quite physical, there is a likelihood that they will received a higher rating for certain body parts versus an injured worker with a less arduous job. For example, a secretary’s occupational adjustment would not be as good as an Animal Trainer.

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CAN A POLICE OFFICER CLAIM INJURY WHEN HE WAS BITTEN BY HIS PARTNER? INJURED WORKER IN THE NEWS, #26

Posted on March 31, 2022 by Edward Singer

In Florida, a Police Officer sustained a work-related injury when was bitten a fellow Police Officer. His K9 partner may have tried to take a bite out of crime but instead bit his partner’s arm. It is reported that the dog became agitated during an attempted arrest. The dog bit his handler. Dailymail.com

This fact pattern raises the questions as to whether an Employee can file a workers’ compensation claim when they get injured as a result of a co-worker’s mistake. The fact pattern raises a treatment issue. Dog bites present unique issues.

Can an Injured Worker File a Claim If They Are Injured By A Co-Worker?

Yes. Generally, workers’ compensation is a “no fault” system This applies to the actions of co-workers. Thus, the dog bite by his K-9 Partner is a valid workers’ compensation claim.

What Type Of Treatment Can Be Provided?

In the instance of a dog bite, there is a concern whether the dog may have had rabies. Thus, the Police Officer may be put on rabies treatment protocol. Likewise, treatment may be necessary to prevent infection.

Labor Code Section 4600 provides that “(a) medical, surgical, chiropractic, acupuncture, and hospital treatment, including nursing, medicines, medical and surgical supplies, crutches, and apparatuses, including orthotic and prosthetic devices and services, that is reasonably required to cure or relieve the injured worker from the effects of the worker’s injury shall be provided by the employer. In the case of the employer’s neglect or refusal reasonably to do so, the employer is liable for the reasonable expense incurred by or on behalf of the employee in providing treatment. (b) As used in this division and notwithstanding any other law, medical treatment that is reasonably required to cure or relieve the injured worker from the effects of the worker’s injury means treatment that is based upon the guidelines adopted by the administrative director pursuant to Section 5307.27.”

Thus, the medical providers treating these type of bite injuries, within the guidelines, will provide treatment to prevent infection on this matter.

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THE WORST WORK INJURY EVER? INJURED WORKER IN THE NEWS, #20

Posted on March 9, 2022 by Edward Singer

A Contract Worker was killed at a landfill in Florida in perhaps the most horrible way possible.

While he was using a Porta Potty, a bulldozer ran the portable bathroom and killed his co-worker.

The Bulldozer Operator and the Deceased Employee worked for the same company. It is reported that the driver ‘… immediately exited the bulldozer and ran towards the porta potty to see if anyone was inside of it,’ the sheriff’s office spokesperson said. ‘At that time, he observed Henderson unresponsive inside the porta potty.’ dailymail.com

This tragic fact pattern will be discussed within California Law. This fact pattern contains many issues as to whether a worker can sustain a work injury while using the facilities. Further, is it possible for someone to be “at fault” and pursue a claim.

If A Worker Is On A Restroom Break, Are They Protected Under Workers’ Compensation?

California Workers’ Compensation Law provides for the “personal comfort doctrine.” The “personal comfort doctrine” provides generally that compensation extends to injuries suffered while the employee is engaged briefly and during work hours in a personal act which is necessary or helpful to his comfort or convenience. (2 Hanna, op. cit., supra, § 9.03[2][a], pp. 9–3—9–31.) The personal comfort doctrine is not strictly limited to injuries suffered on the employer’s premises. ( Cf. State Comp. Ins. Fund v. Workmen’s Comp. App. Bd. (Cardoza) (1967) 67 Cal. 2d 925 [32 Cal. Comp. Cases 525, 64 Cal. Rptr. 323, 434 P.2d 619] Fremont Indemnity Co. v. Workers Comp. Appeals Bd. (1977) 69 Cal. App. 3d 170 [42 Cal. Comp. Cases 297, 137 Cal. Rptr. 847].) [**8] Its limit is reached when the acts “are found to be departures effecting a temporary abandonment of employment. …” ( Id., at p. 928.) Olson Farms, Inc. v. Workers Compensation Appeals Bd. of California & Suzanne Shawnego, 51 Cal. Comp. Cases 107 (Cal. App. 3d Dist. March 05, 1986)

Thus, the Contract Worker would be covered when he used the restroom since he was engaged in a personal act which was for his comfort. His family would be able to pursue a Death Benefit Dependency Claim.

What About The Bulldozer Operator Who Cause the Accident, Does He Have A Claim?

With this fact pattern and given the “no fault” nature of workers’ compensation, the Bulldozer Operator, if he sustained an emotional injury as a result of killing his co-worker, could file a claim. It would appear that the incident may have psychiatrically traumatizing,

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