deeply worried old man consoled by his wife

WAS HOSPITAL WORKER INJURED AS A RESULT OF PLAYING THE ROLE OF AN ACTIVE GUNMAN? INJURED WORKER IN THE NEWS #84

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.

TIME OUT WHEN NFL MASCOT HURTS KNEE AND IS CARTED OFF FIELD: INJURED WORKER IN THE NEWS, #58

It is reported that Poe, the Baltimore Ravens’ mascot was carted off the field.  They injured occurred during a mascot verses youth football team half-time match.   The leg had to be stabilized.  nypost.com

This article will discuss the complexity of what appears to be a simple workers’ compensation injury.

Does the Mascot’s Occupation Matter?  What is Dual Occupation Rule? How Does This Apply?

In California Workers’ Compensation, an Injured Worker’s  Occupation can determine the permanent disability percentage.  A Worker’s “Occupational Group.”  Thus, choosing the correct “Occupational Group” is important.   There is a special rule that would apply in this fact pattern.  The Dual Occupational rule looks at the activity that the Injured Worker was engaged in during the time of the injury.  Thus, at the time of the accident, the Mascot was playing in a football game.  Thus, there is an argument to be made the Mascot should be rated as an athlete versus a mascot.

Is There An Earnings Issue In This Case?

Workers’ Compensation benefits are connected to a Worker’s Average Weekly Wage.  In this instance, it is likely that the team Mascot position was part time.  In that instance, an investigation should be made as to whether the Injured Worker has earnings from other employment.  The Average Weekly Rate is important as it is used to calculate disability rates for both total and permanent disability.

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.

animated judge

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

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.

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.

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