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TEACHER THROWN AGAINST WALL: INJURED WORKER IN THE NEWS, #118

Posted on May 23, 2024 by Edward Singer

Per the nypost.com, a Middle School Teacher was thrown against a wall. She apparently was trying to break up a fight. She was thrown aside by one student who proceeded to deliver more punches. Criminal charges have been brought against one of the students. These charges included communicating threats.

Topic Discussion

This article will discuss this matter within California Workers’ Compensation law. This discussion will discuss the fact patter and whether it constitutes a work injury.

Was There A Work Injury?

In this matter, there is a serious question as to whether there was a work injury. The fact pattern does not indicate as to whether the Teacher sustained any injury- physical or mental. There is no evidence that she sought or required medical attention. There is no indication that she had any mental anguish over the incident.

In this matter, however, there are facts that can support a claim of injury; first, the physical trauma of being thrown against a wall, and second, the witnessing of violence as well as likely the hearing of a threat that reached the level of being worthy of a criminal charge. While these facts are a likely cause of both orthopedic and psychological injuries, facts alone, without medical documentation and diagnosis, do not render it a workers’ compensation case.

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.

POLICE OFFICERS DISRESPECTED BY THE CRIMINAL JUSTICE SYSTEM: INJURED WORKERS IN THE NEWS, #117

Posted on May 22, 2024 by Edward Singer

In New York City, there is outrage within the Criminal Court System which is impacting two injured Police Officers.

The following fact pattern illustrates the complicated nature of the work injuries. Two Police Officer were injured as a result of being attacked by Migrants. Video of the incident went viral. Following this, the Criminal Justice System’s inept handling of the Migrants’ prosecutions have made matters worse. This story as well has become viral. The Criminal Justice System’s ineptness continued. A recent Nypost.com report noted that there is even “so called” outrage by the Judge handling the criminal matters.

One of the accused Migrants, all who allegedly have been offered sweet-heart deals, is still making news. While the assault case is still pending, this individual was arrested while out on bail. The Judge expressed outrage “I am furious that Mr. Brito was rearrested and charged with petty larceny while he was out on this case.” The Nypost.com reported that the Judge fumed as she warned that another slip up would land him behind bars. “I am very tempted right now to put you in jail. I am telling you right now, if I learn you are rearrested for anything at all between now and this case being finished, I will order a warrant and I will place bail so high, you will not get out,” she continued.

One must certainly believe that these two Police Officers are constantly being reminded of their trauma with each new courtroom drama from the matter. This is the case along with the viral reporting from the matter. Thus, an issue arising from these facts is as to whether the outrageous publicity surrounding the matter should also be subject matter for the work injury.

This fact pattern will be addressed within California law.

Analysis

Can Publicity from A Work Injury Cause A Work-Related Injury?

In Workers’ Compensation, there were two types of injuries. There are specific injuries and there are cumulative trauma injuries.

In this instance, if the Police Officers are still working, they may be subjected to cumulative trauma. The cumulative trauma, which could be causing stress or impacting the workers’ body systems- i.e. cardiovascular system, due to the stress, could be the result of people approaching them during work hours and reminding them about their work injury and the craziness that has transpired in the court system. Likewise, there may be some stress derived from their need to participate in the criminal prosecution of accused.

Likewise, these two officers could encounter stress outside of work as a result of these incidents. There are many newspapers, social media platforms and television news programs reporting on the matter. Away from work, they may also be informed of the continuing problems on the legal cases.

Thus, should this stress manifest into a psychiatric injury or a stress related internal medicine injury.

The officers reading about the incident off of work, however, would not necessarily be considered as work related. On a specific injury theory of the case, however, there is the argument that the further reminder of the incident would be considered as a compensable consequence of the underlying assault. In essence, each time they are reminded of events surrounding the assault and prosecution, it rips off the healing emotional scar; it is a reminder of the original incident. As such, it relates back to the original injury.

While lawyers can come up with theories as to the date of the injury, in the end, it would be a mental health doctor determining whether the publicity contributes to an emotional injury, causes an emotional injury, or exacerbated an emotional injury. With this, the injury can be properly adjudicated.

What If I Need Advice?

MCDONALD’S WORKER PEPPERED IN POSSIBLE ROBBERY ATTEMPT: INJURED WORKER IN THE NEWS, #51

Posted on August 3, 2022 by Edward Singer

A McDonald’s Worker was pepper sprayed in what was believed to be an attempted robbery. The employee’s injuries were reported to be minor. They were not taken to the hospital. nypost.com

This article will discuss the issues with respect to this incident.

If the Worker Wanted to Pursue a Claim of Emotional Injury, Does the Fact It Appeared to Be Attempted Robbery Matter?

No. From the facts, there were actual events of employment that occurred, the worker being pepper sprayed. Thus, there would be a basis for the Injured Worker to pursue a psychiatric claim if they wished to pursue such a case. The fact that a robbery was suspected would not matter.

At the Time of the Incident, Is There Anything the Injured Worker Should Do?

In this matter, while the injuries were minor, it would be advisable that the Injured Worker to attend at least one medical evaluation to be treated and to document their complaints. Additionally, the evaluation should be a physical examination so that blood pressure readings and other physical findings can be documented. Failure to document complaints can cast doubt as to disability if later claimed.

What if I Need Advice?

CAN A TEARFUL EVENT AT GARDENA COMMUNITY HOSPITAL BE A WORK INJURY? INJURED WORKERS IN THE NEWS, #7

Posted on December 30, 2021 by Edward Singer

In the news, a recent horrifying event allegedly occurred at the Gardena Community Hospital. It is reported that dead covid-19 patients’ bodies were mishandled. The allegation reported is that these bodies were left outside in the rain. An anonymous witness indicated that “Security had tears in their eyes. They’re crying. Some of the security had to leave because they got fluid on their clothes when they did move the bodies,” the witness said. cbslocal.com

The issue presented is whether this event could be a work-related injury.

Was There a Work-Related Injury?

Possibly. The alleged facts are certainly extremely distressful. Further, they did create an emotional reaction. The question, however, is whether this stressful event caused an emotional injury. Labor Code Section 3208.3(a), provides that “[a] psychiatric injury shall be compensable if it is a mental disorder which causes disability or need for medical treatment, and it is diagnosed pursuant to procedures promulgated under paragraph (4) of subdivision (j) of section 139.2 or, until these procedures are promulgated, it is diagnosed using the terminology and criteria of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Third Edition-Revised, or the terminology or criteria of other psychiatric diagnostic manuals generally approved and accepted nationally by practitioners in the field of psychiatric medicine.”

Thus, if the Security Guards went to a mental health practitioner and were diagnosed with a mental disorder, they may be able to pursue a claim. Mere upset or distress relating to the event would not be a sufficient basis to pursue a claim.

Who Was the Employer?

Workers’ Compensation claims are to be filed against one’s employer. Security Guards at facilities are often employees of independent Security Companies that contract with institutions. In other words, the hospital may have hired a security company to provide security guards. If this is the case, the security guards would file their workers’ compensation claim with their company and not the hospital. If they were hospital employees, they would file with the hospital.

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.

Job Choice, Spinal Pain & Workers’ Compensation

Posted on October 20, 2021 by Edward Singer

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.

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