Do These Statistics Mean Anything Concerning An Individual Police Officer’s Work Injury?
What If One of These Attacks Prevents A Police Officer From Returning to the Job?
What If I Need Advice?
Tag Archives: police officer
POLICE OFFICERS DISRESPECTED BY THE CRIMINAL JUSTICE SYSTEM: INJURED WORKERS IN THE NEWS, #117
Analysis
Can Publicity from A Work Injury Cause A Work-Related Injury?
What If I Need Advice?
Fentanyl and Methamphetamine Overdose Claims Life of Washington Police Officer: Injured Workers in the News, #98
While working, a Police Officer- while at his precinct- collapsed and died from fentanyl and meth poisoning. In the news reports, it is reported that the incident may not have been by accident. According to the Dailymail, “Police in Vancouver, Washington, investigated Kelly’s death and concluded that it was ‘more likely than not caused by an intentional act and not an incidental workplace exposure,’”
This article will discuss the issue within the framework of California Workers’ Compensation Law with respect to this workplace death and whether it was work-related.
If Someone Dies At the Workplace, Is It Automatically Considered As A Work-Related Death?
No. Injuries in the workplace must be AOE/COE- arising out of employment and in the course and scope of employment. While a death may occur during the course and scope of employment, i.e. while at the place of employment, there may be uncertainty as to whether it was caused by work. In this instance, illicit drug use has been implicated as to the cause of death.
What Is The Standard For Proving a Death Is Work-Related?
The Cailfornia Supreme Court in South Coast Framing, Inc. v. Workers’ Comp. Appeals Bd. (2015) 61 Cal.4th 291 [188 Cal.Rptr.3d 46, 349 P.3d 141], noted that “[w]e have recognized the contributing cause standard …Under this test, if the injury can be seen to have followed as a natural incident of the work and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises “out of” the employment. But it excludes an injury which cannot fairly be traced to the employment as a contributing proximate cause and which comes from a hazard to which the workman would be equally exposed apart from the employment.’””
In the instant matter, it is possible that an industrial contributing cause could be found. It is possible that, as a law enforcement officer, there may be presumptions that could apply and assist in proving an industrial injury. Thus, this fact pattern is worthy of exploring whether there was a valid industrial death claim. Thus, despite the allegation of illicit drug use and a statement from the department concerning it, there still may be a way of proving it as work-related. For instance, the officer may have been suffering from an industrial orthopedic injury and decided to self-medicate by using an illegal drug.
What If I Need Legal 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 30 years. Contact us today for more information.
Sergeant Accused Of Pulling Fellow Officer’s Ponytail: Injured Workers in the News, # 74
A Police Sergeant reportedly yanked a fellow officer’s ponytail while at the Police Station. The hair tug, according to a complaint, caused the Officer to have “substantial” neck pain. It was reported that the Officer had prior neck problems and that the Police Sergeant, who pulled the hair, was aware of her medical condition nypost.com
This article will discuss this fact pattern within California Workers’ Compensation law.
Was This A Work Injury?
Under California Law, the aggravation or acceleration of a pre-existing medical condition can be considered as a work injury. So, if the Police Officer’s condition worsen and it was not a mere exacerbation of the prior condition, it can be considered a new injury. Likewise, there must be an injury. The claim of substantial pain is not sufficient to warrant a claim of injury. There should be a diagnosis. Was this a cervical strain and sprain? Did the incident cause a cervical disc injury? Thus, a medical opinion from a treating doctor or an evaluating physician is important.
Did This Instance Warrant Any Other Workers’ Compensation Claim?
Given the facts, it is possible that the pulling of the hair would constitute an act of serious and willful misconduct. Given the alleged facts that the supervisor knew that the worker had a prior neck injury when she pulled her by her ponytail may bring the action to the level of serious and willful misconduct. If found, there would be an additional increase in compensation and penalty that would apply. The S & W would only apply if there was an underlying injury. Per California Labor Code Section 4553 “[t]e amount of compensation otherwise recoverable shall be increased one-half, together with costs and expenses not to exceed two hundred fifty dollars ($250), where the employee is injured by reason of the serious and willful misconduct of any of the following: (a) The employer, or his managing representative…”
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 AND LAW ENFORCEMENT: WHAT YOU NEED TO KNOW
COVID-19 AND LAW ENFORCEMENT: WHAT YOU NEED TO KNOW
From the onset of the COVID-19 Pandemic, Law Enforcement has been asked to perform their job duties. In doing so, they have interacted with both the public and co-workers. As a result, many Officers were exposed to the coronavirus. Many of these Officers have either (a) contracted coronavirus and became symptomatic or (b) contracted coronavirus and remained asymptomatic. As a result, prior to extensive testing, many Officers may have unknowingly suffered from an asymptomatic coronavirus infection.
A recent Italian Study offers some insight into these issues.
What Was the Conclusion of the Study?
The study found that many of the Officers tested had the presence of anti-bodies. This suggested that many Law Enforcement Officers had considerable industrial exposure to Covid-19. Garbarino S, Domnich A, Costa E, et al. Seroprevalence of SARS-CoV-2 in a Large Cohort of Italian Police Officers. Int J Environ Res Public Health. 2021;18(22):12201. Published 2021 Nov 20. doi:10.3390/ijerph182212201
Were There Any Recommendations from the Study?
The study suggested the need for boosters for Law Enforcement Officers. It was noted that “[c]onsidering both the relatively high occupational exposure and progressive waning of the neutralizing antibodies, the booster COVID-19 vaccine dose should also be prioritized for police employees.” Garbarino S, Domnich A, Costa E, et al. Seroprevalence of SARS-CoV-2 in a Large Cohort of Italian Police Officers. Int J Environ Res Public Health. 2021;18(22):12201. Published 2021 Nov 20. doi:10.3390/ijerph182212201
What Else Does This Study Mean?
Law Enforcement Officers should consider anti-body testing to determine whether they have natural immunity. This testing may assist them with their personal health decisions.
What Else Does This Study Imply?
In light of the significant likelihood of industrial COVID-19 exposure, Law Enforcement Officers should consider pursuing a workers’ compensation claim if they suffer from a symptomatic infection.
What If I Need Legal Advice?
If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.