animated judge

DID STRICT WORK RULES CAUSE A PSYCHIATRIC INJURY AT THE HAPPIEST PLACE ON EARTH? INJURED WORKERS IN THE NEWS, #4

A Disney Worker reportedly is suffering from Post-Traumatic Stress Disorder (PTSD) and developed an eating disorder as a result of working at Disneyland.  She attributes it to stress from strict work rules.  -Dailymail.com.

One of the strict rules was that some “performers” were required to solely speak in English.

Despite the requirements, this Disney Worker reportedly broke the rules and spoke foreign languages to customers.  ‘If I had been caught, that is a big reprimand and potentially getting fired, ‘it was reported.   She stated that ‘I fully know what I did was against the rules, and it has to do with character integrity,’ she said. ‘I got to a point where I thought the benefit to the guest was greater than the risk.’  She noted that ‘In Disneyland Paris, they are encouraged to speak multiple languages, and they don’t get in trouble for it there,’ she shared. ‘I take an issue with that. If you’re gonna have a rule, it needs to be across all parks.’ -Dailymail.com

It was reported that she “lost her status as a part-time seasonal employee because she failed to clock in enough hours in character after she welcomed her first child.” Dailymail.com

Since the Disney Employee is reportedly suffering medical problems as a result of her employment, the question, based upon the facts alleged, is whether this would be considered as a valid workers’ compensation claim.

Can a Worker File A Stress Injury Over “Work Rules”?

Yes. In California, Workers can file a Workers’ Compensation Psyche Injury Claim with respect to stress caused by work rules.  With respect to Psychiatric Injuries, there are some requirements, however.  There is the requirement of six months of employment with the employer. There is the requirement that the Psychiatric Injury be the result of actual events of employment.  There is the requirement that the predominant cause of Psychiatric Injury is work-related. There is the requirement that a substantial cause, 35-40 percent, cannot be a result of good faith non-discriminatory personal actions.

One major issue is whether or not the Disney “work rules” constitute a “good faith” personnel action.

Additionally, there is the question as to what percentage of the rules contributed to causing the injury.

Are Stressful “Work Rules” a Valid Basis for a Claim?

Possibly.  The issue is whether particular  “work rules” are legal to be viewed as good faith personnel actions. The legal determination is made by a Judge and the case law on the issue.

An “English only” speaking rule in the workplace may be challenged as being a “good faith” action. It is possible that it could violate some state law or otherwise be considered discriminatory. With the present fact pattern, since the rule applied to performers, there may be a valid reason for requiring English.  Again, it is a Judge will be required to make a legal determination on the issue.

Were There Any Other Sources of Stress?

The facts on the matter included her loss of status because she failed to clock in enough hours in character after she had her first child.   This event may be considered a personnel action.  This may also be an issue disputed as being in good faith.  An issue of pregnancy discrimination could be raised.

How Are Causation Percentages Obtained?

Causation percentages are assessed by a mental health practitioner.   Generally, a Psychiatrist or Psychologist will be making that determination.  The medical practitioner can be a Treating Doctor, a Qualified Medical Evaluator, or an Agreed Medical Evaluator. The determination usually requires the Injured Worker to be interviewed and tested.  Evaluation of personnel records, medical records, and witness statements may also be indicated.

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.

animal shelter workers

SHELTER WORKERS AND JOB STRESS: PSYCHIATRIC INJURIES FOR SHELTER WORKERS AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Animal Shelter Workers perform an essential role in society. Dealing with abandoned or unwanted animals can be difficult.  This difficulty exposes Shelter Workers subject to unique levels of emotional stress. If this emotional stress gives rise to an emotional injury, a the Worker can file a Workers’  Compensation Claim to obtain necessary treatment and benefits. Hoy-Gerlach J, Ojha M, Arkow P. Social Workers in Animal Shelters: A Strategy Toward Reducing Occupational Stress Among Animal Shelter Workers. Front Vet Sci. 2021 Nov 10;8:734396. doi: 10.3389/fvets.2021.734396. PMID: 34859083; PMCID: PMC8631323.

This article will discuss the particular stressors and the psychiatric medical condition that they are at risk of developing.

What Are Stressors Unique for Animal Shelter Workers?

Exposure to Animal Suffering: Animals turned into shelter may be ill or abused.

Exposure to Animal Death: Animals may either be euthanized or die naturally.

Caring: Workers are emotionally invested in both the animals’ care and welfare

Burnout: Workers are required to continuously engage in the activities listed above

What Emotional Problems Can Develop?

It has been found that Animal Shelter Workers are at “five times greater risk of developing Post-Traumatic Stress Disorder as compared to the national average.” Their level of PTSD is along the lines of safety officers. Hoy-Gerlach J, Ojha M, Arkow P. Social Workers in Animal Shelters: A Strategy Toward Reducing Occupational Stress Among Animal Shelter Workers. Front Vet Sci. 2021 Nov 10;8:734396. doi: 10.3389/fvets.2021.734396. PMID: 34859083; PMCID: PMC8631323.

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.

approved work injury claim

WORKERS’ COMPENSATION IN THE NEWS #6, THE BOSS WHO WAS PHILLY CHEESESTEAK KNIFED

In the City of Brotherly Love, a Philadelphia Cheesesteak Shop Owner was stabbed in the neck by an employee.  The news report indicated that the employee lunged “at his boss from behind and thrusting a 10-inch knife into his neck.”  It was also reported that the store owner’s son was present “his son grabbed two knives and tried to ward off the employee, the footage shows. nypost.com

After the attack, the store owner said, his son told him: “Dad, you have a knife in your neck … Don’t pull it out.”

In California, this incident may be considered as a work injury entitling either the owner or the son benefits.  There are several questions that need to be addressed to make a determination.

Can an Employer File a Workers’ Compensation Claim?

The answer is “yes” and “no.”  In California, it is possible that a Business Owner can be covered under workers’ compensation.  Generally, if the company is a corporation and the owner is an employee of the corporation, they may be able to be covered as an employee.  This must be arranged within the policy’s terms.    If so, just like their fellow employees, an employer can file a work injury claim.

Thus, if covered, in the fact pattern reported above, the owner could file a claim for both his physical injury and possibly for a mental injury.

Can The Owner’s Son File a Workers’ Compensation Claim?

Yes.  If his son was a company employee,  he could file a claim. In California, if the son suffered emotional distress over witnessing the violent event,  it is possible that he could pursue a psychiatric workers’ injury claim.

It should be noted California Workers’ Compensation Law treats Psychiatric Injuries caused by Violent Events differently from other Psychiatric Injuries. If a Psychiatric Injury is caused by a Violent Event, the causation threshold for proving an injury is lowered. This means that it is easier to qualify to attain it.. For Violent Events, the causation standard is lowered to a substantial cause. This means at least 35 to 40 percent. See Labor Code Section 3208.3

Beyond Workers’ Compensation, Are There Any Other Benefits That Either The Owner or Son Could Collect? 

Even if the Owner or the Son are not considered an Employees, there is a special Victims Compensation Board Program in California.  The Victim Compensation and Government Claims Board administers the California Victim Compensation Program (CalVCP.) The program provides forms of compensation for victims of crime. The crimes, which may eligible for the program, can include domestic violence, child abuse, assault, sexual assault, elder abuse, molestation, homicide, robbery, hate crimes, drunk driving, vehicular manslaughter, human trafficking, stalking and online harassment.

To be eligible for compensation, a person must be a victim of a qualifying crime involving physical injury, threat of physical injury or death. For certain crimes, an emotional injury alone is enough to qualify. Certain family members and loved ones who suffer an economic loss from an injury to, or death of, a victim of a crime may also be eligible for compensation.

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.

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