Law Offices of Edward J. Singer APLC

Home » Blog » Stress

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?

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.

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.

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

Posted on August 17, 2021 by Edward Singer

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?

WORKERS’ COMPENSATION IN THE NEWS, EPISODE #2, A RESTAURANT COOKING UP STRESS: WHAT YOU NEED TO KNOW

Posted on July 19, 2021 by Edward Singer

A Restaurant closed for a “day of kindness” after enduring customers’ abuse. Nypost.com Restaurant Employee stress is real. Some of the story’s restaurant’s employees were reduced to tears from customers swearing, threatening, arguing, and yelling.

The story illustrated multiple stressors that restaurant employees experience. Customer abuse was the highlight. There were management problems as well. The Employer noted that they “.. have had to make adjustments due to the increase in business volume, size of kitchen, product availability and staffing availability.”

Can Work Stress Be the Basis for a Workers’ Compensation Claim?

Yes. Work stress can be a source of psychiatric injury claim. it can be the source of other stress related conditions.

Do The Restaurant Employees From the Story Have a Claim?

In California, the predominant cause of a psychiatric claim of injury arise from actual events of employment. Further, good-faith personnel action which is substantial (35-40%) can defeat a claim.

In the story, the stressors did not come from employer discipline or write-ups. Rather it came from Customers and Management organizational issues. Thus, it can be argued that 100 percent of the work stressors do not fall within the personnel action defense.

Are Stressed Out Employees Eligible for Time off From Work?

Work stress can cause employees to go out sick. Mental Health Practitioners may take stressed out employee off of work. This may entitle the Injured Worker to obtain benefits during their time off. It should be noted that in the story, the workers, technically, never received a day off. Instead, they spent the day cleaning the restaurant.

What If I Need Advice?

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

Posted on May 13, 2021 by Edward Singer

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?