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MTA BUS DRIVER THREATENED: INJURED WORKER IN THE NEWS, #120

Posted on June 3, 2024 by Edward Singer

Per NBC, an MTA Bus Operator in Los Angeles had a dangerous encounter with a passenger.

The incident was caught on tape. The video showed man banging on the windows of the bus. It was also reported that the man also opened her window and poured beer on her seat. Also it was reported that he continued to make a scene outside the bus. To make matters worse, there was a slow response from both the Police Department and the MTA to the scene. Despite 20 passengers on the bus, MTA officials did not come for an hour. In the end, the frustrated bus driver reportedly said in response to the slow reaction from management” “So my life is not a priority?” The MTA, however, indicated that they had timely notified the police within 5 minutes. NBC

This fact pattern will be discussed under California Workers’ Compensation Law.

Was This A Work-Related Injury?

From the fact pattern, one can initially say that there was no work injury. The reason being is that there was no indication of a medical injury. In the instance, the Bus Operator was frustrated over the incident and had concerns over whether her employer cared about her. These serious matters, however, does not translate into a work injury.

Work Injuries involve a medical diagnosis. Thus, if this Bus Operator was having an emotional reaction to the very stressful events described, then it would have been appropriate for her to request a “claim form” from her employer and ask to be seen by a medical professional. In this circumstance, the MTA would certainly have complied with that request and sent her to a clinic for evaluation and care. In this matter, the totality of the facts would likely be considered with respect to the nature of the stress. The passenger harassment, the beer on her seat, the dealing with the passengers, any delay in the police response, and her employer’s delay to the scene are all factors to be considered.

Thus, if this MTA Bus Operator believed she was injured, it was imperative that she report the injury claim to her supervisor as soon as possible.

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?

HIGH SCHOOL COACHES STRESSED BY HARASSMENT: INJURED WORKERS’ IN THE NEWS, #108

Posted on February 5, 2024 by Edward Singer

Long Beach High School Basketball Coaches are reportedly getting harassed on the job. It has been reported reported that a second coach recently resigned.

With the last resignation, the Coach indicated that they received text messages from the parents. “It was eating me alive—the text messages I received, the messages going back and forth on Instagram,” Nbc News. The reporting noted that “both coaches emphasized that these aggressive parents are making volunteer coaching positions difficult to justify, as the toll on mental health becomes too significant.” Nbc News. The news report that the Long Beach Unified School District was contacted on the matter and refrained from making any comment.

This post will explore whether this particular fact pattern could give rise to a workers’ compensation injury claim.

Can Someone File a Stress Claim If They Resign?

A resignation due to stress would not bar a workers’ compensation claim. An Injured Worker can pursue a claim regardless of their employment status. In this instance, the claim would likely be a stress or psyche claim. Thus, the claim would be for a psychological injury such as an anxiety or depressive disorder.

Can Someone Claim Benefits If They Are A Volunteer?

Yes. It is possible that a Volunteer can claim workers’ compensation benefits. There are some provisions that allow volunteers to file claims. These individuals should check with the HR department to see if they are eligible.

Does Parental Harassment Constitute Job Stress?

Yes. Parental harassment would be considered as an industrially related stress.

What if I Need Advice?

BUS DRIVER STRESSED AND SPRAYED UPON: INJURED WORKERS IN THE NEWS #81

Posted on April 17, 2023 by Edward Singer

Tormented by students, a School Bus Driver went viral tirade when she quit her job. The Asthmatic Bus Driver reportedly suffered attacks after students repeatedly sprayed perfume on her. Upon the second spraying. she became irate. She said that was done with “this sh@$”, and left her job of two years. dailymail.com

This article will discuss whether the incidents could constitute a work injury.

Did These Instances Constitute Work Injuries?

In California Workers’ Compensation Law, the aggravation or acceleration of an underlying medical condition can be considered as a work-related injury. Given the fact pattern, if there was a medical opinion that the Bus Driver’s condition asthma condition was somehow aggravated or accelerated then there would be a respiratory work injury. If so, she would be entitled to claim workers’ compensation benefits. These benefits include monetary compensation and medical treatment.

Even if there was no asthma injury, the stressful nature of the incident could constitute a work injury. A stress or psychiatric injury may be indicated. Again, such a claim would also require a medical professional rendering an opinion that there was an injury. The bottom line is that, regardless of how horrible the facts, they are not a substitute for medical reporting.

In sum, it is possible that both asthma and psyche injuries occurred. In that instance, it can be asserted that the Bus Driver is claiming two injured body parts.

If There Was No Asthma Injury, Can There Still Be A Psyche Injury?

Yes. In California, even if there was no asthma injury, a psychiatric claim could still be viable. In that instance, the asthma attacks could have been a mere exacerbation the Bus Driver’s pre-existing condition. The perfume may not have caused any injury but rather a momentary flare up. Both of these episodes could have caused emotional upset. If the Bus Driver could prove that the predominant cause of an emotional condition was caused by the bullying and the perfume spraying, she could pursue a psyche work injury. Again, the opinion on causation and on medical condition injured requires the opinion of a mental health professional such as a psychiatrist or psychologist.

What if I Need Advice?

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.

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.