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Employers ID Cumulative Trauma as Work Comp Quagmire

  • State: California
  • Topic: Top
  • - Popular with: Legal
  • -  6 shares
ANAHEIM, California — California employers on Thursday gave the state labor secretary a trophy…

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Jul 13, 2018 a 2:14 pm PDT

Addressing post-termination CT claims is one thing. Abolishing CT claims in the their entirety is a completely different matter and I see no basis for such a dramatic change to our system.

Arsineh Arakel Jul 13, 2018 a 7:07 am PDT

A shame, to say that post term ct claims are not viable and any less meritorious than their specific injury counterparts. Overwhelmingly the purported “post term” defense fails since there is evidence of treatment independently/reporting pre termination, or there is no “termination” (ie injured worker quit or abandoned job from pain), or as soon as an injury/pain is reported the employer fired without evidence of a “claim” or the injured was treated at a clinic for pains and undoubtedly quickly released while the pains didn’t resolve but subsequent requests and complaints of pain went on ignored. The misrepresentation to our leaders in California is astounding to save millions at the expense of the laborers backs! Greedy insurance carriers, enough is enough. The go to reliance of cost shifting is dwindling reality as well away from ACA/Obamacare as Trump chips away at it. Fraud is fraud, and there’s plenty going on from the insurance side but without the funding or organization on Applicant side to hire “SIU” units to put a nice package for the DA and attorney general.

Jul 13, 2018 a 4:17 pm PDT

and how many of the deciding people are actually accredited to decide on where the actual injuries are coming from? It sounds like a bunch of b.s. heading our way. putting more restrictions and limits on injured workers is a bad idea.

Arsineh Arakel Jul 13, 2018 a 7:07 am PDT

A shame, to say that post term ct claims are not viable and any less meritorious than their specific injury counterparts. Overwhelmingly the purported “post term” defense fails since there is evidence of treatment independently/reporting pre termination, or there is no “termination” (ie injured worker quit or abandoned job from pain), or as soon as an injury/pain is reported the employer fired without evidence of a “claim” or the injured was treated at a clinic for pains and undoubtedly quickly released while the pains didn’t resolve but subsequent requests and complaints of pain went on ignored. The misrepresentation to our leaders in California is astounding to save millions at the expense of the laborers backs! Greedy insurance carriers, enough is enough. The go to reliance of cost shifting is dwindling reality as well away from ACA/Obamacare as Trump chips away at it. Fraud is fraud, and there’s plenty going on from the insurance side but without the funding or organization on Applicant side to hire “SIU” units to put a nice package for the DA and attorney general.

Stuart Baron Jul 13, 2018 a 8:07 am PDT

Lots of words, little content. There are answers but the collective just does not want to listen. Too much money on both sides, i.e. large PD awards for the e/e (read that plaintiff attorneys) and the defense bar in much wasted time.

Charles Cleveland Jul 13, 2018 a 8:07 am PDT

Fake news, the Department of Industrial Relations keeps track of claims, they report that Cumulative Trauma claims are down 37%. Just more rhetoric to harm injured workers to increase profits while not lowering rates for employers according to the DOI. Mr. Zachry is on point however with the group of bad actors filing these types of claims, so efforts should be made on this aspect rather than further harming injured workers..

William Calderon Jul 13, 2018 a 9:07 am PDT

Well said Chuck...

J anon Jul 14, 2018 a 1:07 pm PDT

Arsineh is right about the fraud on the insurance side. The Fraud Assessment Committee meetings show how little fear there is of any prosecution of insurer side fraud. Insurers, DA's and CDI gather to decide how to they will prosecute injured workers and providers while hiding the fact they are costing the system exponentially more with the fraud they are committing. Narcotics, med devices, long term care funding embezzlement. Why do so many spouses of insurance execs run shadow "healthcare companies"? There was an SIU guy from Zenith that admitted to hacking applicant attorney databases under oath....CDI, DA both refused to even consider prosecution. Try something like that as an injured worker or provider and see how long you remain out of jail.

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