An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

10. B UNKHOUSE R ULE A school may provide housing for employees either because of the nature of the job or because of difficulty in obtaining a work force. Any injury arising while an employee is making reasonable use of the premises is deemed to arise out of employment, even if the activity is purely personal or is outside of normal working hours. 1442 D. C ATEGORIES O F I NJURIES 1. S PECIFIC A specific injury is one which occurs as the result of one incident or exposure which causes a disability or the need for medical treatment. 1443 2. C UMULATIVE Cumulative injuries are those occurring as a result of repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes a disability or need for medical treatment. 1444 The date of a cumulative injury is the date that the condition first causes disability, and on which the employee knows or should have known that the disability was caused by employment. 1445 The term trauma refers to injuries caused by the application of force, including blows, falls, cuts, twists or strains which result in physical damage to the body. Cumulative trauma refers to the gradual onset of damage to the body caused by repeated activities, either successive injury or repetitive acts resulting in injury. Cumulative trauma cases are equated to occupational disease cases for the purpose of apportioning liability. The abbreviation “CT” is often used to refer to cumulative trauma. 1446 E. T YPES O F I NJURIES There are numerous types of injuries, too many to cover specifically. However, certain injuries are worth special discussion. 1. O CCUPATIONAL D ISEASE Certain diseases and infirmities that develop gradually as a result of engaging in particular employments and that are generally known and understood to be usual incidents or hazards of those employments are distinguished from those having traumatic origins, or otherwise developed suddenly or unexpectedly. An occupational disease is one in which the cumulative effect of repetitive exposures or activities which are natural to and inherent in a particular employment by special exposure or risk ultimately results in disability. Injuries sustained as the result of occupational diseases become compensable when the disease culminates in disability. Examples of occupational diseases include: inflammation of a carpet layer’s knees from continued kneeling, exposure to toxic substances, and hearing loss from industrial noise.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 328