It is reported that Poe, the Baltimore Ravens’ mascot was carted off the field. They injured occurred during a mascot verses youth football team half-time match. The leg had to be stabilized. nypost.com
This article will discuss the complexity of what appears to be a simple workers’ compensation injury.
Does the Mascot’s Occupation Matter? What is Dual Occupation Rule? How Does This Apply?
In California Workers’ Compensation, an Injured Worker’s Occupation can determine the permanent disability percentage. A Worker’s “Occupational Group.” Thus, choosing the correct “Occupational Group” is important. There is a special rule that would apply in this fact pattern. The Dual Occupational rule looks at the activity that the Injured Worker was engaged in during the time of the injury. Thus, at the time of the accident, the Mascot was playing in a football game. Thus, there is an argument to be made the Mascot should be rated as an athlete versus a mascot.
Is There An Earnings Issue In This Case?
Workers’ Compensation benefits are connected to a Worker’s Average Weekly Wage. In this instance, it is likely that the team Mascot position was part time. In that instance, an investigation should be made as to whether the Injured Worker has earnings from other employment. The Average Weekly Rate is important as it is used to calculate disability rates for both total and permanent disability.
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.