highway patrol car

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.

group of police officers in a subway station

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.

group of police officers in a subway station

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.

firefighter's cloths on a fire truck

EXERTIONAL HEAT SYNDROME: HEATED WORK ENVIRONMENTS, WORK INJURIES AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Heat Exertion can produce serious injuries in the workplace. The medical condition is commonly known as Exertional Heat Illness (ESI.) Heat Illnesses are multi-causal. Human’s body temperatures can be elevated by a number of factors. First, there is the heat and humidity in the environment. Second, there is the clothing and equipment being used by the worker. Third, there is the nature, extent and the duration of the activities.

This article is focused towards the Heat Exertion as opposed to the Heat Exposure. Note: Heat Exertional Illness is a huge concern for military. Thus, this matter has been studied within that context. Heat Exertion is a concern for all military personnel. Even Military Working Dogs have been studied. Predicting military working dog core temperature during exertional heat strain: Validation of a Canine Thermal Model Catherine O’Brien William J.Tharion Anthony J.Karis Heather M.Sullivan https://doi.org/10.1016/j.jtherbio.2020.102603Get rights and content

In the civilian setting, there are also various occupations that involve serious issues that can bring rise to heat exertional illness.

This article will discuss Heat Exertion Illness, risk factors involved with HEI, the nature and extent of injuries arising from heat exertion, and how it can be addressed within a workers’ compensation setting.

What Is Exertional Heat Illness (EHI)?

Exertional Heat illnesses (EHI) is essentially a variety of medical conditions that may occur during physical exertion that is performed in hot and humid environments. This can be the case when there is performance of strenuous physical activities for extended durations in hot environments.

In the civilian workforce, HEI may impact occupations such as Agriculture, Construction Workers, Police Officers, and Refinery Workers.

For instance, with respect to Wildland Fire Fighters, a study noted the nature and extent of the clothing and equipment that they carry. The study noted that “WLFFs wear standard fire equipment: Nomex long-sleeve shirt and pants, mid-calf leather logger boots, a 100% cotton short-sleeve undershirt, leather gloves, hard hat, and a 12 to 20 kg pack containing food, water, safety gear, and work tools.” High Work Output Combined With High Ambient Temperatures Caused Heat Exhaustion in a Wildland Firefighter Despite High Fluid Intake John S.Cuddy MS Brent C. Ruby PhD https://doi.org/10.1016/j.wem.2011.01.008

Why is EHI a Serious Concern?

Due to the fact that EHI can cause a variety of medical conditions, there is also a wide range of medical problems that EHI can cause.

Mild forms of EHI can include heat cramps. Severe forms of EHI can include heat stroke. Severe EHI can lead to multiorgan damage and death. Alele FO, Malau-Aduli BS, Malau-Aduli AEO, J Crowe M. Epidemiology of Exertional Heat Illness in the Military: A Systematic Review of Observational Studies. Int J Environ Res Public Health. 2020 Sep 25;17(19):E7037. doi: 10.3390/ijerph17197037. PMID: 32993024.

Does Body Temperature Play a Role?

Yes. Body Core Temperature plays a role in the severity of the injury. Temperatures less than 40 degrees Celsius (104 degrees Farenheit) percent are associated with milder symptoms and temperatures greater than 40 degrees Celsius brought on more serious symptoms which provided central nervous system symptoms such as dizziness, confusion, and loss of consciousness. Alele FO, Malau-Aduli BS, Malau-Aduli AEO, J Crowe M. Epidemiology of Exertional Heat Illness in the Military: A Systematic Review of Observational Studies. Int J Environ Res Public Health. 2020 Sep 25;17(19):E7037. doi: 10.3390/ijerph17197037. PMID: 32993024.

What are the Main Risk Factors in EHI?

There are a variety of risk factors that can impact EHI. The main risk factors in the study were gender, physical fitness, obesity, previous history of heat illness, motivation, hot environmental conditions, and service unit. Alele FO, Malau-Aduli BS, Malau-Aduli AEO, J Crowe M. Epidemiology of Exertional Heat Illness in the Military: A Systematic Review of Observational Studies. Int J Environ Res Public Health. 2020 Sep 25;17(19):E7037. doi: 10.3390/ijerph17197037. PMID: 32993024.

“[T]these risk factors into three groups—host (individual physiologically limiting), environmental and organizational (training organization) factors. Supra.

Are There Risk Factors of Interest?

Yes.

Females were more likely to experience EHI than males.

High Body Mass Index (BMI) individuals are more likely to experience EHI.

Lower Physical Fitness individuals are more likely to experience EHI.

Over Motivated Individuals are more likely to experience EHI. One reason being is that they may not pace themselves.

A prior history of heat illness makes individuals more susceptible to heat stroke or severe heat illness.

Hot conditions such as summer seasons and in hot weather conditions make individuals at greater risk of EHI.

Some Units, task dependent and equipment dependent groups, can have increased risk of EHI versus other units. . Alele FO, Malau-Aduli BS, Malau-Aduli AEO, J Crowe M. Epidemiology of Exertional Heat Illness in the Military: A Systematic Review of Observational Studies. Int J Environ Res Public Health. 2020 Sep 25;17(19):E7037. doi: 10.3390/ijerph17197037. PMID: 32993024.

If a Worker is Suffering from a Heat-Related Illness, What Should They Do?

If the Injured Worker was exposed to excessive heat in the workforce, they can consider filing a workers’ compensation claim. This would allow them to claim medical care, monetary benefits in the form of temporary and permanent disability benefits. Also, vocational rehabilitation benefits may be indicated. If a fatality situation, a death claim for the dependents may be indicated.

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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