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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.

BURGER KING MELEE LEAVES YOUTHFUL FAST FOOD WORKERS INJURED: INJURED WORKERS IN THE NEWS #62

Posted on September 22, 2022 by Edward Singer

Fast Food Workers at a Burger King encountered a true “burger insanity” moment.

According to the reports, “[i]t started with an unruly customer and spilled pop. By the time it was over, a 17-year-old worker had to get stitches for a cut to the forehead and a 15-year-old, working her first job, suffered a busted jaw and broken teeth.” www.woodtv.com

It was reported that the unruly drive-thru customer came into the store and started to make a disturbance. Apparently, the staff tried to get the customer out of the store and lock the door. A scuffle occurred. The 15 year old worker said that “[w]hen I got up, all I heard was ringing. I was crying. I couldn’t open my jaw. As soon as I opened up, all you seen is blood coming down,” the 15-year-old, who asked not to be identified, said. “I barely remember what happened. After the surgery, it was just too much.” www.woodtv.com The worker reported that “I have screws right here, right here and under here,” she showed News 8 Wednesday, pointing to her still-swollen jaw. “Right here, it’s all numb. The doctor says that might never go away. www.woodtv.com “I have like five teeth cracked and he knocked out one in the back,” she continued. “I’m on a full liquid diet for six weeks straight. No solid food. I can barely open my mouth.” www.woodtv.com

Also, for one of the workers, it was her first day on the job.

This article will address many issues concerning young workers and a multi-faceted injury.

Why Was This a Mult-Faceted Work Injury?

Given the facts, it appears that the blows to the face caused a number of injuries. The injuries could include head trauma, dental trauma, cosmetic trauma, and psychiatric trauma. As such, its is important for these workers to see a variety of specialists to obtain a proper work up.

The Fact that A Worker Had Only Worked One Day, Is That Important?

In Workers’ Compensation, Permanent Disability and Temporary Disability payments are made based upon the Worker’s Average Weekly Wage. In this instance, assuming this was the young worker’s first day of ever working anywhere. Also, assuming that the the worker had a future schedule of part-time hours, there are many ways of figuring out what should be the proper wage. If a wage cannot be figured out and the earnings were not much, workers’ compensation law has a minimum rate which is paid to the worker.

Below is an article about the calculation of the wages.

How Workers’ Compensation Benefits are Calculated

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ANGRY CUSTOMER + MACHETE + A DICK’S SPORTING GOODS STORE MANAGER = WORK INJURY: INJURED WORKER IN THE NEWS, #53

Posted on August 15, 2022 by Edward Singer

A Dick’s Sporting Goods Store had quite an incident. A Customer, angry over the fact that he could not purchase a gun, reportedly took out a machete and slashed the Store Manager and 2 others. The Store Manager is reported to have serious injuries to his torso, arms, and head. It is reported that the Manager suffered severed tendons in the arms. TimesofIsrael.com

Does Workers’ Compensation Treat All Injured Body Parts Treated Equally?

No. In California Workers’ Compensation, each body part is addressed separately. Each body part, not including psych injuries, is to be assessed under the American Medical Association Guidelines 5^th Edition. A Whole Person Impairment is assigned to each body part. This impairment is translated into a rating percentage. The Worker’s Occupation is also used to adjust the rating percentage. Per the Rating Schedule, After the rating is adjusted for diminished future earning capacity, it is then modified to take into account the requirements of the specific occupation that the employee was engaged in when injured. SCHEDULE FOR RATING PERMANENT DISABILITIES 2005. The adjustment is based upon who value the body part is to the occupation. In other words, a job that requires lifting will get added value for a back. With the Manager, their torso, arms, and head will be assigned distinct values. With a Manager, the head may be rated higher both on a cosmetic level and on a cognitive level versus the torso and arms. Should a psychiatric injury be pled, that rating percentage would go upwards as a Manager’s job requires a significant mental capacity.

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MTA CLEANER SUSTAINS INJURIES IN AN UNPROVOKED ATTACK: INJURED WORKER IN THE NEWS # 48

Posted on July 21, 2022 by Edward Singer

It is reported that a New York City MTA Worker was slugged in the face. She worked as a cleaner. It is also reported that she worked for a company contracted with the MTA. Nypost.com

This article will discuss “unprovoked attacks.”

Are There Any Special Benefits For Individuals Who Sustain Work-Related “Unprovoked Attacks”?

Possibly. In California, a number of companies and government agencies provide benefits beyond workers’ compensation for unprovoked attacks. In other words, some employers, when there is an unprovoked attack, will pay the injured worker funds that exceed traditional workers’ compensation benefits.

The companies who have this benefit are likely to do so are government agencies. Unprovoked Attack Benefits are usually are delineated in a Union Contract or the Memorandum of Understanding.

If an Injured Worker sustains an injury caused by an unprovoked attack, they may want to make an inquiry as to whether they are eligible. The Human Resources Department should be able to provide the worker the answer to their eligibility. Again, these benefits are not too common. They usually involve occupations that have extensive contact with the public or individuals who are incarcerated.

An example of these benefits come from the Los Angeles version of the MTA. Some employees are provided the benefit per the contract as follows: “SECTION 2. PAYMENT FOR TIME LOST (a) It is further agreed that if the Operator is physically injured as a result of such robbery, or as a result of an unprovoked attack by another person, such injury resulting in a loss of time, he/she shall be paid 100% of the time lost during the first seven (7) days of disability and 80% of the time lost thereafter. If Workers’ Compensation Benefits are provided during this period, the basis of payment will be as shown above less the Workers’ Compensation Benefits. Operators sustaining injury shall be paid for all time lost as the result of an unprovoked attack when medical verification is provided. Payment will be limited to a maximum of one (1) year after the date of any one incident. (b) An Operator required to wear prescription glasses as a condition to his/her license to drive, whose prescription glasses are lost or damaged as a result of robbery or unprovoked attack, will be compensated up to a maximum of four (4) days’ pay for time lost until the glasses are repaired or replaced. (c) In the event an Operator loses time due to the loss of his/her regulation watch in a robbery or unprovoked attack, he/she will be compensated for the remainder of his/her assignment that day.”

Given the Present Fact Pattern, What Should This Worker Do?

With the reported facts, the Applicant worked for a company that was contracted with the MTA. Thus, it is more likely that her employer may not provide her for such a benefit. Again, she should check with her Human Resources Department to ascertain whether she is entitled to this additional benefit.

Are There Disputes Concerning Unprovoked Attacks? What Happens?

Yes. Over my years of representation, Employers can dispute an unprovoked attack claim. If this happens, there is likely a dispute resolution process that occurs. This would be addressed via the Union Contract or Memorandum of Understanding. Whether there was an unprovoked attack is not something that the Workers’ Compensation Appeals Board would adjudicate.

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RESTAURANT STAFF ASSAULTED IN SAUCE-Y DISPUTE: INJURED WORKERS IN THE NEWS # 46

Posted on July 14, 2022 by Edward Singer

Fast Food Workers are being subjected to unprecedented dangers. Minor disputes with Customers, such as over condiments, have led to both injury and tragedy. A recent assault of Fast Food Workers in New York is both disturbing and unique.

Fancy French Fry Establishment Workers were assaulted by a trio of unruly customers upset over the $1.75 extra sauce charge. Objects were thrown, a crowd of spectators watched and did nothing, and the incident was, in a large part, captured on video. It is reported that “[t]he women went ballistic, tearing down the plexiglass COVID guard along the counter, ripping out the cash register and hurling glass bottles and stools at the employees.” NyPost.com

The incident was so high profile that the worker were interviewed. One reported bleeding from their scalp. Another reported an aggravation of their blood pressure condition. A number of them reported being fearful and hesitant about returning to work.

Is The Video Sufficient to Win a Workers’ Compensation Case?

No. The video is not sufficient to win these workers’ cases. The video, however, is powerful evidence as to what happened. Workers’ Compensation claims require medical reporting to support claims and entitlement to benefits. Given the facts, the injuries from the incident include a head trauma, an aggravation of hypertension, and psychological complaints.

Can An Aggravation of Blood Pressure Be Claimed As A Work Injury?

Yes. An aggravation or acceleration of a pre-existing condition can constitute a work related injury in California. A medical specialist, either a treating doctor or an evaluator, will be required to offer an opinion.

Are The Injured Workers’ Feelings and Actions Sufficient For Them To Get Workers’ Compensation Benefits?

No. In the facts, some of the workers remained at home as a result of the injury. In order for them to get workers’ compensation benefits for missing time from work, they need to be placed off work by a medical professional. Workers who need to be off of work need to seek medical attention and have their providers determine their ability to work. A worker’s personal opinion is not sufficient.

Is There a Threshold To Prove A Psychiatric Injury In These Matters?

For each individual worker, they all must meet the threshold to prove a psychiatric injury. In this matter, is it possible that the Labor Code Section 3208.3 provision concerning violent acts may apply. The section indicates, “in the case of employees whose injuries resulted from being a victim of a violent act or from direct exposure to a significant violent act, the employee shall be required to demonstrate by a preponderance of the evidence that actual events of employment were a substantial cause of the injury.” In this matter, if the parties cannot agree that the incident was a violent act, then it would be the Workers’ Compensation Judge to make that determination.

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