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ELDERLY SUBSTITUTE TEACHER BEATEN BY “MAN CHILD”: INJURED WORKER IN THE NEWS, #110

Posted on March 4, 2024 by Edward Singer

A 74 year-old Substitute Teacher was beaten by a 280 pound student. Dailymail,com. As a result of the assault, the High School Teacher sustained severe facial injuries. The news reporting did not indicate as to whether there were additional injuries.

This article will discuss the issues that present under this fact pattern within the context of California Workers’ Compensation Law.

Should the Fact that the Worker is a Substitute Teacher Matter?

Yes. Workers’ Compensation benefits are based upon an Injured Worker’s Average Weekly Wage. As such, a “red flag” is raised with respect to a Substiute Teacher. There are questions as to whether they were a full-time or part-time worker?

Also, did the Injured Worker have any other income from additional employment?

Also, an issue to be raised as to whether the work was seasonal or year-round. It is possible that benefits can be cut off during a period when school is not in session.

Does the Teacher’s Advance Age Matter?

Yes. An individual’s rating percentage has an age component. In this matter, the Injured Worker’s rating would be the highest based upon his age adjustment.

What Type Of Injuries Are There In This Matter?

Give this fact pattern, there is a cosmetic injury, a possible head injury and a possible psychiatric injury. These diagnoses are to be issued by medical professionals.

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.

DID THE WORKERS’ COMPENSATION SYSTEM LET A BATTERED TEACHER DOWN? INJURED WORKER IN THE NEWS, #103

Posted on November 22, 2023 by Edward Singer

The Workers’ Compensation System is not without controversy or flaws.

A Florida Instructor’s highly publicized work injury illustrates a benefit payment kerfuffle. How the workers’ compensation works has made a Teacher/Paraeducator struggle post-injury to make ends meet. A student had criminally assaulted her and, as a result, suffered severe injuries.

This article analyzes how a Seriously Injured Worker’s benefits can be terminated. The article’s analysis is under California Worker’s Compensation Law.

Despite suffering five broken ribs, receiving a severe concussion, sustaining a hearing loss, and having slowed speech, this brave Educator returned to the workplace. In the news account, she stated, “Unfortunately, a lot of my injuries that are not visible I’m going to have for the rest of my life.”. According to Dailymail.com, “[t]he educator said she has been struggling to resolve her workers’ compensation case.” She returned to work in a different job title. Since then, she has gone on unpaid leave. Nypost.com

How Do Temporary Disability Benefits Operate?

In the Workers’ Compensation System, temporary disability(TTD) benefits are paid when an individual cannot work their usual and customary occupation. The determination is made through a physician. There are times when an Injured Worker is determined to be able to perform limited work, i.e., light duty. In those instances, if the employer cannot accommodate the temporary work restrictions, the Injured Worker will continue receiving temporary disability benefits. With temporary disability benefits, there is a cap. For many injuries, the cap is at 104 weeks.

Did The Teacher’s Return To Work Impact Her Benefits?

Yes. In California Workers’ Compensation Law, an Injured Worker’s right to receive temporary disability benefits terminates when they return to work. This termination can occur when one returns to an alternative or modified work position. Thus, to receive renewed temporary disability benefits, the Injured Worker must re-establish their medical status via a medical provider. In the fact pattern presented, it would appear that the Teacher did not get medically certified despite going off of work again. Thus, no obligation was triggered to obligate the carrier to resume the payment of TTD benefits.

What If I Need Legal Advice?

If you want a free consultation regarding workers’ compensation, please get in touch with 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 30 years. Contact us today for more information.

Unprofessional Conduct: Referee Faces Charges for Assaulting Coach: Injured Workers in the News, #97

Posted on October 27, 2023 by Edward Singer

It was reported that in Corona, California, located in Riverside County, a Referee punched a Coach in the face during the course of a high school basketball game. It was reported that the Coach was punched in the face and sustained additional blows when he was on the ground. As a result of the alleged assault, the Coach was hospitalized and the Referee was arrested. breitbart.com

This article will discuss a number of issues that arise from this incident. These include Third Party Liability and Average Weekly Wage.

What Is Third Party Liability and Why Would It Apply Here?

While it is clear that the Coach sustained a work injury, the fact pattern suggest that there may be third party claims. A Third Party claim, in workers’ compensation, is a claim made concerning the incident against anyone other than the employer. In this instance, the Referee might be considered a third party that who could be sued. Further, it is possible that the Referee might be employed by someone other than the school district in which the Coach worked. If so, they could be sued as a Third Party. If, however, the Referee was also an employee of the school district, then the school district, being the employer of the individual at fault, and also the injured worker, could not be sued outside of workers’ compensation. This is called the exclusive remedy doctrine. Arguably, the Referee could be sued individually as he committed an intentional tort.

Why Are Earnings A Concern In This Type of Case?

In cases involving Coaches, there is the issue as to whether the individual has a full time position at the school district. If he had a part time position, then the adjustment of the claim would require the determination as to whether he had additional employment and wages. The calculation of Average Weekly Wage, for benefits purposes, can include consideration of wages from other employers.

What If I Need Legal Advice?

Florida Teacher Attacked by Student Injured Workers in the News, #95

Posted on October 18, 2023 by Edward Singer

A Teacher (official title Paraprofessional) was brutally beaten by a 270 pound seventeen-year old student. It was reported that she was beaten to the point that she lost unconsciousness (note: the loss of consciousness is a sign that there might be a brain trauma.) The student was arrested, pled guilty and is reported to be scheduled for criminal sentencing. It is possible that the student could be sentenced as either an adult or a juvenile. In the worst case scenario, the student faces up to 30 years in prison. Flagerlive. News accounts arguably have painted the Teacher as a bad person due to the fact that she has no interest in assisting the student during his sentencing procedure.

The news accounts- which are offensive and victimize the victim- are pathetic. It is quite possible that the Injured Worker, as a result, may be emotionally impacted by the event surrounding the criminal proceeding. It must be noted that this Injured Worker has no obligation to either participate in the sentencing procedure or offer up a message to the Judge to give the student leniency. Some of the media appear to disrespect an Injured Worker who suffered severe trauma.

As a practicing attorney, I have represented Injured Workers who- as victims of crime- have been forced to participate in the criminal prosecution of the offenders. These moments can be very stressful.. They can often re-ignite the emotional trauma from the incident. As such, there is an issue as to whether this emotional stress would be considered as work-related.

In California, If This Criminal Proceeding Caused The Injured Worker Increased Emotional Harm, How Would It Be Addressed?

Assuming that this Injured Worker included a psyche injury with respect to the initial assault, the following analysis is to be made: With respect to the need for medical attention, treatment to cure or relieve from the effects of the injury is to be provided. Most likely, a doctor would indicate that the need for treatment after dealing with the criminal proceeding constituted an aggravation of her emotional state tied to underlying assault. Thus, any treatment would be provided on an industrial basis for treatment connected to the criminal proceedings.

With respect to a permanent disability award, there is likely to be controversy. Should the criminal proceeding be considered as a continuation or the original industrial injury? Or, should it be considered as a non-industrial event? This is a matter of controversy which has not been fully meted out. It is my opinion that this matter that it will be both factually based as well as medically based. In other words, the nature of the original injury and the nature of the criminal proceedings will come into play. Likewise, the nature and extent of the medical treatment psychologically prior to the criminal proceedings might be of interest. In essence, the issue is both complex and multi-factoral.

What If I Need Legal Advice?

Teacher Shot By 6-Year-Old: Injured Workers in the News

Posted on January 24, 2023 by Edward Singer

A Teacher was shot by a 6 year old student in her classroom. Since the accident, new facts have been reported. The student, prior to the shooting, allegedly had expressed a desire to set this teacher on fire and have her die. A news report noted that “[t]he child, who was known to throw furniture and other objects in the classroom, once wrote a note to a teacher in which he told her hated her, wanted to set her on fire to kill her, the teachers union told The Washington Post. When she brought the disturbing letter to school administrators, they told her to drop it, according to the teacher.” Nypost.com

This article will discuss this fact pattern within California Law.

Can This Injured Worker Pursue a Greater Claim Than Mere Workers’ Compensation?

Yes. Within the workers’ compensation system, there is a special provision for Serious and Willful Misconduct. This involves matters in which an Employer’s conduct is beyond mere negligence. The statute is California Labor Code Section§ 4553, which provides that “ The amount of compensation otherwise recoverable shall be increased one-half, together with costs and expenses not to exceed two hundred fifty dollars ($250), where the employee is injured by reason of the serious and willful misconduct of any of the following: (a) The employer, or his managing representative.”

In the present facts alleged, it appears that dangerous threats were ignored by management of the school. Thus, there is a factual basis to allege that there was serious and willful misconduct. Ultimately, a Trial Judge will make the decision concerning the issue.

Are There Other Sources of Recovery?

Yes. In this instance, there is a third party responsible. It has been reported that the child’s parent owned the weapon. Therefore, a negligence claim could be pursued. Also, there may be other third parties involved. A civil attorney would be the appropriate individual to do such an analysis.

What if I Need Advice?