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SUBWAY FAST FOOD MANAGER RECEIVES KNUCKLE SANDWICH FROM CUSTOMER: INJURED WORKER IN THE NEWS,#115

Posted on May 13, 2024 by Edward Singer

The Nypost.com reported that, in California, a Subway Sandwich Store Customer committed an act of violence against a Store Manager. After he became enraged over a dispute over “extra meat” on an order, the customer proceeded to go around the counter and started striking the Subway Store Manager.

The manager is quoted as saying: “He punched me and all I could remember is just black.” It is reported that she sustained a black eye and a swollen cheek. It is also reported that the Manager claimed that her injuries have made her remain off of work for more than a week and that this has placed stress upon her family finances. She reported that her eye was shut and therefore she was not able to work. She reported that she is scared and that cannot feel half of her face. She feels that like there is some permanent damage as the face is numb. Nypost.com

The issues raised within this fact pattern will be addressed under California Workers’ Compensation Law.

How is The Manager Going to Receive Workers’ Compensation Benefits?

In this instance, it is essential that the claim be filed with Subway. The claim, which should be accepted, entitles her to get her medical treatment paid for as well as receive monetary compensation. Being the manager, this worker should be well aware of this process. She should complete a claim form and submit the matter to the Workers’ Compensation claims department as soon as possible. This will allow her to get medical attention right away.

What About Benefits For Her Time Off Of Work?

Her doctor, given her symptoms, should have made an assessment as to whether she is able to work. In this worker’s instance, the inability to drive may not be an indication that she cannot perform her job. If she was required to use a car to perform her job, it would appear that she would be considered eligible to be off of work. Surprisingly, the physical inability to transport to work may not be sufficient to justify disability benefits. One’s personal transportation choice, in many circumstances, is not considered part of the job description. Thus, this worker might require additional reasons as to why she cannot perform her job based upon her injuries.

When Do Her Workers’ Compensation Benefits Begin?

Per Labor Code Section 4650(a) (a) If an injury causes temporary disability, the first payment of temporary disability indemnity shall be made not later than 14 days after knowledge of the injury and disability, on which date all indemnity then due shall be paid, unless liability for the injury is earlier denied. In this instance, the Store Manager should get paid fourteen days after she was out. This is subject to her having the proper note.

Are There Any Red Flag Matters In This Case?

Yes. The fact that she went black and has no memory related to the matter may mean that she suffered a brain injury. This might indicate she suffered a concussion. A concussion could be justification for her being off of work. Likewise, the numbness on the side of her face is also concerning. It is important that this individual be evaluated by a neurologist. Thus, her Primary Treating Physician should make such a referral.

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.

MTA WORKER SMASHED IN HEAD: INJURED WORKER IN THE NEWS, #114

Posted on May 9, 2024 by Edward Singer

An MTA Train Conductor was randomly whacked in the head with a glass bottle. The 38-year-old MTA worker was taken to the hospital and was reported to be in stable condition. Nypost.com

This article will discuss this fact pattern within California Workers’ Compensation Law.

Does The Term “Stable” Have Any Meaning Within Workers’ Compensation?

No. The term “stable” does not mean anything within California Workers’ Compensation Law. The term “stable”, however, can be interpreted by Medical Providers to mean something else.

In California Workers’ Compensation, there is terminology in place to describe an Injured Worker’s disability state. These “legal” terms can trigger either the payment or the cessation for payment of benefits. For instance, for injuries which prevent an individual from performing their job. the term “totally temporarily disabled” would apply.

There are lesser forms of disability as well. For example, an Injured Worker could be assigned a work limitation such as “no lifting above 50 pounds.” Also, there is the term “permanent partial disability”. This means that the individual has some residual disability. This can include work limitations.

Permanent partial disability status will likely trigger the cessation of total temporary disability payments.

Finally, there is “permanent total disability.” This means that the individual is permanently incapable of working. This finding may trigger the payment of permanent disablity payments.

Finally, and relevant to the pending fact patter is the term “Maximum Medical Improvement.” (MMI) According to the AMA Guides to the Evaluation of Permanent Disability, 5^th Edition, Maximum Medical Improvement which “refers to a date from which further recovery or deterioration is not anticipated, although over time there may be some expected change.” The AMA Guides indicate that “an impairment should not be considered permanent until the clinical findings indicate the medical condition is static and well stabilized.” Thus, the question is whether someone who is “stable” would be considered as MMI. MMI status most likely terminates the payment of total temporary disability payments. In this fact pattern, it is possible that an evaluator could interpret the term “stable” as MMI.

What If I Need Advice?

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

Posted on November 14, 2023 by Edward Singer

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?

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?

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?