CALFORNIA HIGHWAY PATROL OFFICERS SERIOUSLY INJURED: INJURED WORKERS IN THE NEWS, # 34

A horrendous accident happened when an alleged drunk driver struck a parked California Highway Patrol aka CHP Squad Vehicle on the freeway.  It is reported that the driver was traveling 95 miles per hour upon impact and that the cruiser. The police car erupted into flames.

The Officers were rushed to the hospital.  One is with major injuries and the two others with moderate.  One Officer was reported to have a neck brace on.  It was reported that one Officer was dragged out the burning vehicle.  Dailymail.com

Taking these facts, a hypothetical analysis of this incident will be done with an assumption that one of the Officers sustained burn injuries

Initially, What Benefits Will These Officers Receive?

California Highway Patrol Officers will initially receive a form of salary continuation benefits.  Once salary continuation benefits have been paid, total temporary disability benefits will be picked up and paid at the “state rate,” The “state rate” is a term used for the regular rate mandated for claims.

 Since The Officers Were In the Same Accident, Will Each Officer Get The Same Benefits?

 No. While the California Highway Patrol Officers were in the same accident, they will all receive different benefits.  Workers’ Compensation Benefits are based upon each individual’s injuries, their age, and their needs.

Assuming one of the Officers had severe burns, total temporary disability benefits can extended out to “240 compensable weeks within a period of five years from the date of the injury.” Labor Code Section 4656(a).   This is opposed to other Officers who most likely do not have other 4656 exceptions apply.  They would be eligible for a total of 104 weeks of temporary disability benefits.

What About Permanent Disability?

For permanent disability, each Officer will be assessed upon their body parts injured and their impairments.   Likewise, they will be assessed differently based upon their age.  Older officers will have a higher rating than younger officers irrespective that the injury happened on the same date. It is possible that the Officers may sustain the exact injury and impairment and get different ratings. This would be caused by the age adjustment in the rating.  The only item in the rating that the officers will share is that they will be assigned the same occupational group for their rating.

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.

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.

COVID-19 WORKERS’ COMPENSATION CASES AND PERMANENT DISABILITY: WHAT YOU NEED TO KNOW

A Stanford University Study reported on the residual complications from COVID-19. This study is important to Injured Workers who have filed COVID-19 related claims.

This article will address the study and what it means for Injured Workers.

What Was the Study About?

The study looked at COVID-19 patients, most of them who had been hospitalized, who reported symptoms and signs months after they became ill.  Stanford Press Release.

What Did the Study Find?

The study reported 84 different symptoms and signs from the patients. “Among the most common lingering symptoms were shortness of breath, fatigue, and sleep disorders.   In all, 84 different symptoms and clinical signs were reported, including loss of taste, and smell, cognitive disorders such as loss of memory and difficulty concentrating, depression, anxiety, chest pain and fevers.” Stanford.

Also, these persistant symptoms were found present in about 70 percent of those patients coming out of moderate to serious COVID-19. Stanford.

What Does This Mean for Injured Workers?

At some point, if these symptoms remain persistent, the Treating Doctors, Qualified Medical Evaluators, and Agreed Medical Evaluators will need to make a determination that these symptoms should be considered as permanent impairment. An assignment as permanent impairment allows an Injured Worker to collect permanent disability benefits.  The medical providers, in order to do so, may need to do make these determinations ahead of additional studies that may come in the future.

Further, due to the myriad of symptomology, a variety of specialties may be necessaryt to address these impairments.  These specialties may include internal medicine doctors, neurologists, psychiatrists and psychologists.

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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