The workers’ compensation system is designed such that an employee may receive proper compensation for injuries that “aris[e] out of and in the course of employment.” The whole system is designed around the idea that if an employee is injured because of actions taken on behalf of an employer, the employer should assist in taking care of the cost of the employee’s health care and compensate him or her for temporary or permanent disability arising from such an injury. The real issue can come into play, however, when deciding whether an injury really did arise out of and in the course of employment, as happened for one teacher.
This was precisely the central issue in an unpublished case styled Grawe v. Culver City Unified School District. There, the applicant was a school teacher. She sought a determination that she had sustained an 82% permanent disability due to hypertension and psoriatic arthritis. The AME found that “it was medically probable that applicant developed viral cardiomyopathy as a result of contracting respiratory tract infections because of being exposed to communicable viruses from her students.” As a result of the repeated virus illnesses, the applicant’s hypertension was triggered and exacerbated. In other words, the applicant claimed because she got so many colds from her students as a teacher, she sustained a permanent disability. Her claim was that but for this repeated exposure, she would not have become permanently disabled, thereby making this a work-related injury entitling her to workers’ compensation benefits for her permanent disability. The court looked to the reasoning from a case called LaTourette v. Workers’ Compensation Appeals Board and Long Beach Community College District. The court there held “When an employee engages in a special activity that is within the course of employment, an injury suffered during the activity . . . also arises out of the employment.” It was essential that the employee was at an increased risk compared to the general public of that danger. The court in Grawe determined that the teacher was, indeed, at increased personal risk for repeated viral infections because of being exposed to her students. Her claim was, accordingly, upheld.
If you have questions about these new regulations, contact me today at (714) 516-8188. We can review your business and make sure that you are in compliance with the reporting requirements.