Law Offices of Edward J. Singer APLC

6-Year Old Shoots Teacher: Injured Workers in the News #73

Posted on January 8, 2023 by Edward Singer

It is reported that an Elementary School Teacher was deliberately shot by a six-year-old student in her classroom. She is reportedly critically ill. Dailymail.com

This article will discuss this fact pattern under the premise that the Teacher was a Public School Employee within the State of California.

Are There Limits to This Teacher’s Workers’ Compensation Benefits?

In California, Workers’ Compensation Benefits are limited. With respect to total temporary disability benefits, absent some exception, the Teacher, given the fact pattern, would likely be eligible for only 104 weeks. With respect to medical care, while Labor Code Section 4600 provides for treatment to cure or relieve from the effects of the injury, the Teacher’s medical care would be subject to Utilization Review. This means that Requests For [Medical] Authorization are subject to approval.

Beyond Workers’ Compensation, Is There Anything That This Teacher Can Do To Get Benefits?

If the Teacher is going to be unable to return to work within 104 week, it would appear that the Teacher should investigate her retirement rights. Retirement can come in different forms. Retirement can be based upon years of employment or based upon a medical disability. In California, there is the California State Teachers’ Retirement System. This system provides retirement benefits to California public school educators from pre-kindergarten thought community college.

Given this fact pattern, the Teacher should consult with both CALSTRS as well as the Social Security Administration for benefits.

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.

2023 Temporary Disability Rates

Posted on November 28, 2022 by Edward Singer

On 11/17/22, the Department of Industrial Relations, Division of Workers’ Compensation announced the 2023 Total Disability Rates.

In the announcement, “The Division of Workers’ Compensation (DWC) increased the rate for 2023 for total disability effective on January 1, 2023. “The minimum TTD rate will increase from $230.95 to $242.86 and the maximum TTD rate will increase from $1,539.71 to $1,619.15 per week.”

If I Have An Earlier Injury, Why Is This Important?

Per Labor Code Section 4661.5, “notwithstanding any other provision of this division, when any temporary total disability indemnity payment is made two years or more from the date of injury, the amount of this payment shall be computed in accordance with the temporary disability indemnity average weekly earnings amount specified in Section 4453 in effect on the date each temporary total disability payment is made unless computing the payment on this basis produces a lower payment because of a reduction in the minimum average weekly earnings applicable under Section 4453.”

In sum, Injured Workers still entitled to TTD benefits past two years from the date of injury, starting on 1/1/23, may be entitled to a higher TTD rate. This applies to both high and low earners.

What if I Need Advice?

CALIFORNIA’S TOTAL TEMPORARY DISABLITY RATES FOR 2021: INJURED WORKERS, WORKERS’ COMPENSATION, AND DISABILITY PAYMENTS: WHAT YOU NEED TO KNOW

Posted on January 8, 2021 by Edward Singer

The State of California Department of Industrial Relations announced the total temporary disability rates for 2021 (See DIR Release Number: 2020-95, November 2, 2020.)

The current maximum rate is now $1,356.31, per week. The current minimum rate is to be $203.44.

Thus, total temporary disability payments that are due for dates of injury occurring on 1/1/21, and thereafter in 2021, are to be at these rates. For prior injury dates, if the total temporary disability payments are made two years after the date of injury, then they are to be paid out at these new amounts as well.

Generally, total temporary disability payments are calculated by 2/3rds of the Injured Worker’s Average Weekly Wage at the time of the injury.

What if I Need Advice?