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

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.

At SpaceX, Worker Injuries Soar Amidst Elon Musk’s Race to Mars: Injured Workers in the News, #101

Elon Musk’s SpaceX Company has been beset with work injuries.  According to the DailyMail.com, the injuries have included cuts or lacerations, broken bones, dislocations,,  hands or fingers were ‘crushed,’ head injuries, skull fractures, concussions and a traumatic brain injury. Further, there have been burns and eye injuries.

There are allegations of safety failures.

Specifically, in California, the article reports that “[s]enior managers at the Hawthorne, California site had been repeatedly warned about the dangers of rushing the engine’s development, along with inadequate training of staff and testing of components.”

This article will discuss the nature of these work accidents and the special benefits that may apply.

What Special Benefits Can Be Received For Amputations, Burns or Eye Injuries?

In California, there are special extended total temporary disability benefits in the case of amputations, burns and eye injuries.  With respect to burns or eye injuries, there are special criteria which apply. Labor Code 4656(c)(3), provides: (c)(3) Notwithstanding paragraphs (1) and (2), for an employee who suffers from the following injuries or conditions, aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability shall not extend for more than 240 compensable weeks within a period of five years from the date of the injury: (A) Acute and chronic hepatitis B. (B) Acute and chronic hepatitis C. (C) Amputations. (D) Severe burns. (E) Human immunodeficiency virus (HIV). (F) High-velocity eye injuries. (G) Chemical burns to the eyes. (H) Pulmonary fibrosis. (I) Chronic lung disease.”

Thus, for burn injury claims, an analysis must be made as to whether it could be considered as “severe”.  With respect to eye injuries, there must be a causation analysis.  Was the accident caused by a fast-moving object? Did chemicals cause burns to the eyes?

If There Had Been Repeated Warnings of Dangers, Can This Trigger Additional Compensation?

Labor Code Section 4553 provides for increased compensation if there is serious and willful misconduct.  This requires a separate filing and has a different statute of limitation applicable.  Serious and Willful Claims usually requires a finding from the Workers’ Compensation Appeals Board.  Labor Code Section 4553 indicated “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. (b) If the employer is a partnership, on the part of one of the partners or a managing representative or general superintendent thereof.(c) If the employer is a corporation, on the part of an executive, managing officer, or general superintendent thereof.”

What If I Need Legal 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 30 years. Contact us today for more information.

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Store Clerk Set On Fire by Shoplifter: Injured Workers in the News, #91

In California. a Bay Area Clerk suffered a horrendous work injury.  He was set on fire by a homeless serial shoplifter. Dailymail.com  It is reported that the Clerk suffered second and third degree burns to his face, neck, chest and shoulder.

This article will discuss the special benefit that an Injured Workers are entitled to receive when they suffer from a burn injury.  This article will also how this special benefit can be a source of controversy.

What is the Special Benefit that Injured Workers Who Have Burn Injuries Can Receive?

California Workers’ Compensation Law provides for extended total temporary disability benefits for certain injuries.  Burn injuries fall within this eligibility for extended benefit.

Labor Code Section 4656,   under section (c) (1) provides that the “Aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability shall not extend for more than 104 compensable weeks within a period of two years from the date of commencement of temporary disability payment. (2) Aggregate disability payments for a single injury occurring on or after January 1, 2008, causing temporary disability shall not extend for more than 104 compensable weeks within a period of five years from the date of injury. (3) Notwithstanding paragraphs (1) and (2), for an employee who suffers from the following injuries or conditions, aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability shall not extend for more than 240 compensable weeks within a period of five years from the date of the injury: (A) Acute and chronic hepatitis B. (B) Acute and chronic hepatitis C. (C) Amputations. (D) Severe burns. (E) Human immunodeficiency virus (HIV). (F) High-velocity eye injuries. (G) Chemical burns to the eyes. (H) Pulmonary fibrosis. (I) Chronic lung disease.

Based upon the statute, the Injured Worker must suffer from a “severe”  burn injury in order to obtain the extended total temporary disability.  The question is “what is a severe burn injury?”  Due to the vagueness within the statute, one must look at case law.

What Does Case Law Indicate About Severe Burns?

In the case of Parco vs. WCAB 83 C.C.C. 1288 (writ denied), it was found that “Applicant claimed that he suffered industrial injury to his left thumb, left hand, and the skin on his left thumb while employed by Defendant Parco, Inc., as a machinist on 8/30/2013. The medical treatment records indicated that Applicant suffered second and third degree burns to his left hand and also underwent three surgeries on his left thumb. Qualified medical evaluator David Doty, M.D., testified in his deposition that, as a result of Applicant’s crush injury, tendon damage, and the fracture of the bone and subsequent surgery with bone removal, Applicant had a 7mm shortening of his left thumb.”

“At trial, the WCAB found “Based on the medical evidence, the WCJ found, in pertinent part, that the 104-week limit for TD benefits did not apply to Applicant, and that Applicant was entitled to additional TD payments through 1/5/2016 based on the exceptions to the TD limitation for amputations and severe burns set forth in Labor Code § 4565(c)(3)(C) and (D).”

“The WCJ recommended that reconsideration be denied. In her report, the WCJ pointed to medical evidence that Applicant suffered second and third degree burns on his hand. The WCJ explained that the Labor Code does not require the “most severe burns to constitute an exception to the cap on TD, but merely “severe burns,” and that second and third-degree burns were sufficiently severe to meet the exception.”

While the case addressed the amputation exception, the court also noted that “it appears that applicant suffered “severe burns” in the course of his injury. Either of these factors is an appropriate basis for implementing the exception to the 104 week limitation on temporary disability benefits. (Lab. Code § 4656 (3) (C) and (D).)”   Defendant’s petition for writ of review was denied.

In sum, the matter of what constitutes a “severe burn” is still a source of controversy.  With respect to the facts of the present case, it would appear that the substantial nature of the burns would likely tip the scale in favor of the exception.   Specifically, the facial burn would be something that would likely sway a court as to the severity of the burn.   In the present matter, it would appear that the nature and extent of the burns as well as the extent of  the medical treatment most likely would be determinative.

What If I Need Legal 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 30 years. Contact us today for more information.

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CALFORNIA HIGHWAY PATROL OFFICERS SERIOUSLY INJURED: INJURED WORKERS IN THE NEWS, # 34

A horrendous accident happened when an alleged drunk driver struck a parked California Highway Patrol aka CHP Squad Vehicle on the freeway.  It is reported that the driver was traveling 95 miles per hour upon impact and that the cruiser. The police car erupted into flames.

The Officers were rushed to the hospital.  One is with major injuries and the two others with moderate.  One Officer was reported to have a neck brace on.  It was reported that one Officer was dragged out the burning vehicle.  Dailymail.com

Taking these facts, a hypothetical analysis of this incident will be done with an assumption that one of the Officers sustained burn injuries

Initially, What Benefits Will These Officers Receive?

California Highway Patrol Officers will initially receive a form of salary continuation benefits.  Once salary continuation benefits have been paid, total temporary disability benefits will be picked up and paid at the “state rate,” The “state rate” is a term used for the regular rate mandated for claims.

 Since The Officers Were In the Same Accident, Will Each Officer Get The Same Benefits?

 No. While the California Highway Patrol Officers were in the same accident, they will all receive different benefits.  Workers’ Compensation Benefits are based upon each individual’s injuries, their age, and their needs.

Assuming one of the Officers had severe burns, total temporary disability benefits can extended out to “240 compensable weeks within a period of five years from the date of the injury.” Labor Code Section 4656(a).   This is opposed to other Officers who most likely do not have other 4656 exceptions apply.  They would be eligible for a total of 104 weeks of temporary disability benefits.

What About Permanent Disability?

For permanent disability, each Officer will be assessed upon their body parts injured and their impairments.   Likewise, they will be assessed differently based upon their age.  Older officers will have a higher rating than younger officers irrespective that the injury happened on the same date. It is possible that the Officers may sustain the exact injury and impairment and get different ratings. This would be caused by the age adjustment in the rating.  The only item in the rating that the officers will share is that they will be assigned the same occupational group for their rating.

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.

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What You Need To Know About The 2022 Total Temporary Disability Rate

Each year, the State of California sets the minimum and maximum total temporary disability payment rates.

The new 2022 minimum and maximum temporary total disability (TTD) rates effective on January 1, 2022, will be $230.95, per week for the minimum rate and  $1,539.71, for the maximum.

What Does This Rate Change Mean For Injured Workers?

For Injured Workers with injuries on or after 1/1/22, they will be paid in accordance with the rates listed above.  With some exceptions, one’s TTD rate is calculated as 2/3rds of one’s Average Weekly Wage.   For those with earning less than $346.77,  per week will be paid the minimum rate.

For Injured Workers with injuries before 1/1/22, if they are continuing on TTD and the payment is two years or past the date of injury, their payments will be adjusted to the 2022, effective rate based upon their average weekly wage.   This is pursuant to Labor Code Section 4661.5.

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.

 

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