CAN A BAD JOB BE A PAIN?  JOB CHOICE, SPINAL PAIN AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Your job choice may impact you having spinal pain.  Neck and Back pain may have a relationship to your job satisfaction.  A recent study suggests that workers’ spinal pain may have some connection to whether the workers like their job.  Skillgate E, Isacson Hjortzberg M, Strömwall P, Hallqvist J, Onell C, Holm LW, Bohman T. Non-Preferred Work and the Incidence of Spinal Pain and Psychological Distress—A Prospective Cohort Study. International Journal of Environmental Research and Public Health. 2021; 18(19):10051. https://doi.org/10.3390/ijerph181910051

This article will discuss the possible relationship between spinal pain and job satisfaction.

How Did the Study View Job Satisfaction?

A non-preferred work is, here, defined as reporting working in a non-preferred profession and/or non-preferred workplace. Skillgate E, Isacson Hjortzberg M, Strömwall P, Hallqvist J, Onell C, Holm LW, Bohman T. Non-Preferred Work and the Incidence of Spinal Pain and Psychological Distress—A Prospective Cohort Study. International Journal of Environmental Research and Public Health. 2021; 18(19):10051. https://doi.org/10.3390/ijerph181910051

This study essentially looked at those who liked their job and those who didn’t.

Is There Other Research Results Concerning Pain Intensity and Job Satisfaction?

Yes. There have been studies suggesting a positive association with job satisfaction and pain.  It was reported that “people who did not like their workplace experienced higher pain intensity compared to those who did like their job.” The study did not address any causal relationship, however.  Supra.

What was the Current Study’s Conclusions?

“Non-preferred work seems to be associated with a higher incidence of developing spinal pain, psychological distress and spinal pain with concurrent psychological distress, especially if the possibility to change job is low. “ Supra.

In sum, workers stuck with an unhappy job are more likely to have spinal pain versus those who have job satisfaction.

What Does This Mean?

This study, to some degree, supports the nature and extent of an Injured Workers’ pain.  Injured Workers, who have jobs with little satisfaction, may legitimately suffer more spinal pain than those who have job satisfaction.   Therefore, there is perhaps a valid argument to make that these Injured Workers should have their pain assessments discounted.

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.

WCITN #9: A Stressful Scene At An Italian Restaurant

In New York, a controversial scene that happened at Carmine’s Restaurant. It was not about a bottle of red, a bottle white, or a bottle of rose, it was in part as a result of COVID-19 restaurant limitations.  As a result, an altercation ensued in which a two month employee was assaulted by customers.  It is reported that criminal charges were filed against the individuals who attacked her.  The reporting does not indicate whether the hostess sustained any physical injuries.   It is reported that she has not returned to work since the incident.

The restaurant spokesperson stated “[t]hree women brutally attacked our hosts without provocation, got arrested and charged for their misconduct, and then, over the last several days, had their lawyer falsely and grossly misrepresent their acts of wanton violence in a cynical attempt to try to excuse the inexcusable,” Carmine’s owner Jeffrey Bank said in a statement, according to WABC.” Foxnews.com

The owner also said “[m]y team members work too hard to serve our guests, work too hard to comply with New York’s vaccination requirements, and still suffer too much from the attack for me to allow these false statements to stand,” Bank said in his statement.” Foxnews.com

Does the Hostess Have a Valid Workers’ Compensation Injury?

From viewing the incident online, it is unclear as to whether the Hostess sustained a physical injury.  A physical injury could be a musculoskeletal injury or some form of cut or abrasion.  Besides a physical injury, she may have sustained an emotional or stress injury as a result of the incident.

Is Her Short Employment a Workers’ Compensation Issue?

Yes. In California, to file for a stress claim, a worker must have worked for a period of 6 months.  The six months is not required to be continuous. There is a sudden and extraordinary employment condition.  This is per Labor Code Section 3208(d).

The question is whether the customer altercation would constitute a sudden and extraordinary employment condition. This would be considered a triable issue for which a Workers’ Compensation Judge can make a determination.

Can Evidence Be Important In This Matter?

In this case, the Employer made statements as to the extraordinary nature of the events that occurred.  These comments would be useful evidence to prove that the incident was a sudden and extraordinary employment condition.  Likewise, the fact that arrests were made of the patrons would be an important fact.

What Would the Hostess Receive If Her Claim Was Accepted?

If the Hostess’ claim was pursued and accepted in California, she would be entitled to treatment, total disability payments, permanent disability payments, and possibly a job displacement voucher. The entitlement to these benefits is dependent on the medical provider’s opinions.

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.

WORKERS’ COMPENSATION IN THE NEWS #5 : WHERE ARE MY DOGGONE BENEFITS?

Lady Gaga’s Dogwalker was in the news.  He was shot and left for dead while trying to prevent the dogs from being stolen.  The DailyMail.com recently reported he has launched a GoFundMe to help cover the costs of a road trip he’s taking to heal his ’emotional and mental health’. [Mr.]Fischer shared that the van he’s been traveling in for two months has broken down and he needs financial support.”

Are There Any Benefits That Mr. Fischer May Receive Through Workers’ Compensation?

Yes. However, Mr. Fischer would have to prove that he was an employee of Ms. Gaga at the time of the incident.  This would require a factual analysis concerning what he services he performed and how he was compensated.  It is possible that he could be considered as an employee and be entitled to workers’ compensation benefits.  This would include payment of benefits and medical care.

If It Was A Workers’ Compensation Claim, Is There Anything Unique That Would Apply?

Yes.

In light of the fact that it was a shooting, a psychiatric injury may have occurred.  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 Someone Could Obtain In the Event of A Robbery and Shooting?

Even if he is not considered an Employee, 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.

 

STRESSED OUT WORKERS: SOCIAL MEDIA, UNSYMPATHETIC CUSTOMERS, AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

A TikTok trend, is stressing out Starbucks Baristas.  The NyPost reports that customers who are TikTok fans are essentially harassing workers with outlandish orders.  One famous order is from an Edward.  Edward’s drink is a double blended drink containing 13 ingredients. nypost.   Unless a commensurate tip is provided for time consuming orders, it is  understandable why these customized drinks can be a source of Barrista stress, anxiety and upset.  Further, too many of these orders simultaneously ordered could place a real grind on the fulfillment of regular orders.

Customer stress can a valid basis for a Workers’ Compensation “Stress” or “Psyche” claim. Should the stress from being inundated by these ridiculous time consuming orders give rise to an emotional disorder, a Barrista could consider filing a workers’ compensation claim to seek medical attention and benefits.

Are There Any Requirements to File Such a Claim?

Before filing a workers’ compensation claim, it is important for an Injured Worker to have some understanding as to whether they will prevail.

The “Six-Month” Rule

Given a claim relating to excessive order, an employee must have six months of employment that need not be continuous.  If you have issues as to whether you worked six months, an attorney consultation is indicated.

“Predominant Cause”

The employee must provide by a preponderance of the evidence that the injury was caused by work.  There is a defense of good faith personnel action.   If there are various sources of work stress such as write-ups or discipline, an attorney consultation is 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.

 

NURSES IN THE WORKPLACE SUFFERING FROM STRESS: BULLYING IN THE WORKPLACE, PSYCHIATRIC INJURY AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Nursing is one of the most difficult and demanding professions in the world. It is also one of the most important.  Nurses confront life and death situations on a daily basis.

Nurses work with Doctors who are some of the brightest and most difficult individuals on the planet.  These Doctors have demanding schedules and responsibilities which impact on their ability to work with others.

Nurses work with other Nurses who are confronted with the same stressors and responsibilities.  At times, they can be in conflict with each other.

Nurses also work with patients who may have emotional issues that are either pre-existing or are relating to their medical problem at issue.   Also, they may have anger issues relating to their perceived mistreatment at the facility. Nurses also work with patient’s family members who are emotionally involved with the patient’s well- being. They too may be upset at their perceived mistreatment of their beloved family member.

Nurses finally work with medical institutions which have rules and regulations that they need to be in compliance with concerning their operations.

With respect to these numerous interactions, some of these interactions have been viewed as unacceptable and have been labeled as “bullying.”

“Nurse Bullying” has been subject o was subject to a study which found interesting results.  This article will discuss the nature of nurse bullying, how nurse bullying should be analyzed within a workers’ compensation setting, and what a nurse should do if they are subjected to stress.

Even If I am not a Nurse, Why Should I Be Concerned about Nurse Bullying?

“Workplace bullying has also been acknowledged as a threat to patient outcomes and the delivery of quality of patient care, as well as the erosion of personal health and professional wellbeing [91314]. Excellence in patient care flourishes in an environment built on open communication and respectful professional relationships. An environment that condones bullying perpetrates destruction of professional communication.”  Gaffney DA, Demarco RF, Hofmeyer A, Vessey JA, Budin WC. Making things right: nurses’ experiences with workplace bullying-a grounded theory. Nurs Res Pract. 2012;2012:243210. doi:10.1155/2012/243210

What Is Bullying in the Nursing Profession?

Individuals studying bullying characterized the situation as on in which there is a power imbalance.   These interactions can have serious effects on the organization. Yoo, S.Y.; Ahn, H.Y. Nurses’ Workplace Bullying Experiences, Responses, and Ways of Coping. Int. J. Environ. Res. Public Health 2020, 17, 7052.

Who Was Responsible for the Bullying?

In the study, there are many types of bullying offenders, including patients, caregivers, doctors, and nurses. Of these, bullying most frequently occurs among nurses and is particularly committed by a colleague rather than by a manager. Yoo, S.Y.; Ahn, H.Y. Nurses’ Workplace Bullying Experiences, Responses, and Ways of Coping. Int. J. Environ. Res. Public Health 2020, 17, 7052.

Note: for workers’ compensation purposes, the employment position of the offender is very important

Bullying has also been defined in other studies.

“Bullying goes by many names: workplace aggression, indirection aggression, social or relational aggression, horizontal (lateral) violence, and workplace violence. It has become so popularized in the press; bullying is often, mistakenly, used as an overarching concept. There is a tendency to use many of these terms interchangeably [8]. Bullying is different from horizontal violence in that a real or perceived power differential between the instigator and recipient must be present [15]. Some of the most recent literature suggests that all of these behaviors exist on a conceptual continuum of workplace victimization [3].” Gaffney DA, Demarco RF, Hofmeyer A, Vessey JA, Budin WC. Making things right: nurses’ experiences with workplace bullying-a grounded theory. Nurs Res Pract. 2012;2012:243210. doi:10.1155/2012/243210

Is Bullying the Same as Job Stress?

Those researching this have distinguished it from ordinary job stress.  It is something different from the day to day social stresses or poor management.

What Types of Bullying are Going on?

Bullying has been described in situations where the nurse is new to the area,  in situations where the nurse witnesses mistreatment of others, in situations in which they are singled out for public censure or humiliation, in situation in which there are constantly being interrupted, situations in which they are not in the social clique and they are subject to juvenile-like behavior, situations in which they feel they are being punished with disciplinary  action or threats,   Gaffney DA, Demarco RF, Hofmeyer A, Vessey JA, Budin WC. Making things right: nurses’ experiences with workplace bullying-a grounded theory. Nurs Res Pract. 2012;2012:243210. doi:10.1155/2012/243210

What are the Consequences of Bullying?

Nurses being subjected to bullying is a societal concern.  If this bullying impacts patient medical treatment, it must be addressed in those terms in addition to the health concerns of the Nurse effected.

It is reported that “[n]urses bullied at the workplace may complain of mental symptoms, such as depression, anxiety, and fear, as well as physical symptoms, such as fatigue, headaches, and palpitations. They are also more susceptible to burnout and turnover intention and have lower levels of organizational commitment and nursing productivity. Yoo, S.Y.; Ahn, H.Y. Nurses’ Workplace Bullying Experiences, Responses, and Ways of Coping. Int. J. Environ. Res. Public Health 2020, 17, 7052.

If a Nurse Is Having Medical Problems as a Result of Bullying, What Should They Do?

First, seek medical attention to treat your medical problems.  Second, seek assistance through your company’s Employee Assistance Program if one is available. Third, make a consultation with a lawyer as to whether there is some legal action that can be pursued.

There are two areas of law which should be explored.  Workers’ Compensation and Employment Law are two areas which should be analyzed with respect to the bullying.

If a Workers’ Compensation Claim is pursued, the Nurse can claim monetary compensation in the form of temporary disability benefits, permanent disability benefits, medical care, and vocational rehabilitation benefits.

What Are the Legal Barriers for Workers’ Compensation Psychiatric Claims?

With all psychiatric claims of work injury, a detailed factual analysis must be made.  With respect to bullying, there are issues of length of employment and whether the events causing the stress where personnel actions.  Bullying claims are viewed in the same light as all other psychiatric claims.

Labor Code Section 3208.3 provides the threshold requirements for psychiatric claims.

In general, an employee shall demonstrate by a preponderance of the evidence that actual events of employment were predominant as to all causes combined of the psychiatric injury.

Also, in general, there is also a six-month employment requirement.

Also, “[n]o compensation under this division shall be paid by an employer for a psychiatric injury if the injury was substantially caused by a lawful, nondiscriminatory, good faith personnel action.”

Note: Bullying can involve different players.   Some of them supervisors. Supervisors’ actions can be viewed as personnel action. Therefore, there may be “good faith personnel action” defenses that insurance Companies can be raise to defeat such a claim. Therefore, there is no guarantee that bullying cases will be accepted as a valid work injury claim.

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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