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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.

McDonalds’ Workers Serving Up Unhappy Meals? Injured Workers In the News, #109

Posted on February 5, 2024 by Edward Singer

A problematic workplace has plagued an Australian McDonalds. Alleged rat infestation created workplace disharmony along with “… falling ceiling tiles, exposed wiring, and broken air conditioners that are subjecting workers to unnecessary risks.” News.com.au

This article will discuss how whether these workplace problems necessarily translate into workers’ compensation claim for work injury.

Do These McDonalds’ Facts Constitute a Work Injury?

With California Law, horrible work conditions do not automatically translate into work injury claims. Dangerous work conditions are a matter for the Department of Industrial Relations. In California, the Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA, protects and improves the health and safety of working men and women and the safety of passengers riding on elevators, amusement rides, and tramways. This is achieved in a variety of ways including setting and enforcing standards, providing outreach, education, and assistance Issuing permits, licenses, certifications, registrations, and approvals. While there may not be any physical injuries, the conditions may warrant inspections and fines.

Could These Facts Lead to A Work Injury?

Yes. These facts could not only lead to work injuries, but they could also lead to a claim of Serious and Willful Misconduct. Ceiling tiles can fall and injure workers. Workers can trip and fall on exposed wires. Further,, employees can develop heat stroke while working in hot conditions. Finally, there is the possibility an employee could get an infection or disease as a result of the rodents. Finally, these conditions might be so horrible that the workers might suffer emotional stress to the extent that they develop a mental disorder. Any mental disorder claim should be supported by the opinion of a mental health practitioner.

What if I Need Advice?

HIGH SCHOOL COACHES STRESSED BY HARASSMENT: INJURED WORKERS’ IN THE NEWS, #108

Posted on February 5, 2024 by Edward Singer

Long Beach High School Basketball Coaches are reportedly getting harassed on the job. It has been reported reported that a second coach recently resigned.

With the last resignation, the Coach indicated that they received text messages from the parents. “It was eating me alive—the text messages I received, the messages going back and forth on Instagram,” Nbc News. The reporting noted that “both coaches emphasized that these aggressive parents are making volunteer coaching positions difficult to justify, as the toll on mental health becomes too significant.” Nbc News. The news report that the Long Beach Unified School District was contacted on the matter and refrained from making any comment.

This post will explore whether this particular fact pattern could give rise to a workers’ compensation injury claim.

Can Someone File a Stress Claim If They Resign?

A resignation due to stress would not bar a workers’ compensation claim. An Injured Worker can pursue a claim regardless of their employment status. In this instance, the claim would likely be a stress or psyche claim. Thus, the claim would be for a psychological injury such as an anxiety or depressive disorder.

Can Someone Claim Benefits If They Are A Volunteer?

Yes. It is possible that a Volunteer can claim workers’ compensation benefits. There are some provisions that allow volunteers to file claims. These individuals should check with the HR department to see if they are eligible.

Does Parental Harassment Constitute Job Stress?

Yes. Parental harassment would be considered as an industrially related stress.

What if I Need Advice?

TACO HELL? INJURED WORKERS IN THE NEWS, #107

Posted on December 20, 2023 by Edward Singer

A Mexican Restaurant- Taco John’s-was on the verge of being renamed Taco Hell. Reportedly, an infestation of unruly teenagers was turning a paradise of guacamole and fajitas into purgatory.

According to the Nypost.com, there were multiple events which involved activities such as middle school students stealing soda and condiments. The teens were accused of leaving huge messes and disrespecting employees. They also made problems in the lobby. On one occasion, a rock was tossed at am employee.

This article will discuss the nature of workers’ compensation stress claims in a hostile work environment.

Can This Conduct Give Rise To A Workers’ Compensation Claim?

Yes. If this matter happened in California, the Food Service Workers at the establishment might have claims for stress. Certainly, the teens’ reported horrible conduct could certainly trigger emotions that could lead to a full blown psychiatric disorder. The activities alone, however, are insufficient to prove a work-related injury claim. Injured Employees must have must have an actual medical diagnosis, i.e. anxiety disorder. These diagnoses are opined by medical professionals.

What Type of Injury Claim Would It Be?

Workers’ Compensation has a variety of ways to please claims on the workers’ compensation DWC-1 form. Give these fact pattern, there is likely both cumulative traumas or specific incidents that occurred. For instance, a “specific” injury might have occurred to the worker who was subjected having a rock launched at them. With respect to the workers who had to frequently address the messes left behind by the allegedly devilish teens, their complaints would be along the lines of a cumulative trauma claim.

What if I Need Advice?

Mileage Rate for Medical and Medical-Legal Travel Expenses Increases Effective January 1, 2024

Posted on December 19, 2023 by Edward Singer

Mileage Rate for Medical and Medical-Legal Travel Expenses Increases Effective January 1, 2024

The Division of Workers’ Compensation (DWC) is announcing the increase of the mileage rate for medical and medical-legal travel expenses by 1.5 cents to 67.0 cents per mile effective January 1, 2024. This rate must be paid for travel on or after January 1, 2024 regardless of the date of injury. Labor Code Section 4600, in conjunction with Government Code Section 19820 and the California Department of Human Resources regulations, establishes the rate payable for mileage reimbursement for medical and medical-legal expenses and ties it to the Internal Revenue Service (IRS).

Injured Workers in California are entitled to receive medical reimbursements for mileage incurred in the course and scope of their medical treatment. Further, Injured Workers are entitled to mileage attending their deposition. Additionally, Injured Workers are entitled to mileage reimbursement for attending Qualified Medical Evaluations and Agreed Medical Evaluations.

This article will discuss the 2024 Medical Mileage Reimbursement Rate.

What was the Mileage Reimbursement Rate for 2024?

The medical mileage rate for 2021, was set at $65.5 cents per mile.

What About Mileage Reimbursements For Prior Years, Are They Going to Be Paid at That Rate?

Reimbursement rates are determined by the date that you incurred the mileage. Therefore, if you incurred mileage reimbursements for the year 2020, you should use 2020, date of injury rate.

What Are The Rates for Some of the Prior Years?

2023- $65.5

2022: 62.5, from 7/1/2022

2022- $.585 up to and including 6/30/22

2021- $.56

2020– $.575

2019 – $.58

2018 – $.545

2017 – $.535

2016 – $.54

2015 – $.575

What Mileage Is to Be Reimbursed?

Per the DIR, “[i]f you have to travel to get treatment for your work injury, you are entitled to re-payment of your travel costs. The mileage rate is 62.5 cents ($.62.5) per mile. Mileage for reasonable travel to the pharmacy, parking, bridge tolls, public transportation, and other travel-related costs are also included.”

You need to submit them to the carrier that is adjusting your claim. If you would like the form that you can use, click on the link below.

https://www.dir.ca.gov/dwc/I&A_mileageForm.pdf

The DIR also recommends that you should attach receipts. If your travel costs are not paid within 60 days, you should contact the carrier or your attorney to see if there is a problem.

Am I to Be Reimbursed for Attending a WCAB Hearing?

No. You are not allowed to be reimbursed for mileage and/or parking costs to attend a workers’ compensation hearing.

Am I to Be Reimbursed for Attending My Deposition?

Yes. You are entitled to be reimbursed for mileage and/or parking to attend your deposition.

If My Claim is Denied, Am I Entitled to Reimbursement?

No. For medical treatment when your claim is denied, you are not entitled to reimbursement. For your deposition or Medical Evaluation by an Agreed Medical Examiner or Qualified Medical Examiner, you are entitled to reimbursement. Frequently, Defense Attorney Law Firms or the Carrier issue payment in advance of these appointments. Should your claim later be accepted, you should submit your mileage in for reimbursement.

What if I Need Advice?