Sixty percent of so-called cumulative trauma workers’ compensation claims involve injuries that progress over time and are indemnity-only, thus involving no medical component, according to a report released Thursday by the Workers’ Compensation Insurance Rating Bureau of California.
Overall, 77% of indemnity cumulative trauma claims involving more than $1,000 in expenses are attributed to settling and defending claims, while only 53% of other claims do, WCIRB found in its analysis of CT cases, which account for about 8% of all claims and 13% of indemnity-only claims.
Twenty-seven percent of such injuries are described that “soft tissue” injuries, by far the largest share of cumulative trauma injuries, with the remaining nine categories, such as carpal tunnel syndrome and sprains, broken into smaller shares.
The average paid per medical-legal evaluation is more than 20% higher on cumulative trauma claims than other claims over nine years post-report of injury, with a peak at year two, according to WCIRB’s analysis. In addition, there are 60% more legal evaluations on cumulative trauma claims, which leads to “a significantly higher overall medical-legal paid per claim.”
The WCIRB suggested that because cumulative trauma claims are more likely to involve multiple body parts, such claims may require more complex medical-legal evaluations.
On severity, cumulative trauma claims develop higher medical severity starting at 66 months from policy inception and continue to grow faster than non-cumulative trauma claims at later report levels. Cumulative trauma indemnity claims close “consistently more slowly” than other indemnity-only claims, with the largest difference at 18 months from policy inception, when only 20% of cumulative trauma indemnity claims are closed compared to 50% of all other indemnity claims.
Cumulative trauma claims are also more likely to involve mental and behavioral disorders, “leading to multiple evaluations for both physical and psychological conditions,” according to the WCIRB, which found that 8% of indemnity-only cumulative trauma claims involve a psych component, while only 1% of all other indemnity-only claims do.
Business Insurance is a sister publication of WorkCompCentral. More stories are here.
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2 Comments
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Tom Martin Dec 12, 2022 a 8:21 am PST
Gosh, I thought I would read in this article that businesses paid less in workers' compensation premiums in 2022 than in 1996. Or, despite all the denials and delays, the vast majority of CT claims are determined to be legitimate by the WCAB. Instead, we get more stage setting for the 2023 push to take away even more rights from legitimately injured workers........
Jesse Marino Dec 12, 2022 a 9:25 am PST
Can the WCIRB do a study on the extra time added to a claim by illegitimate delays caused by insurance companies? Then a follow-up study on the cause and effect of delayed medical treatment on claims. Then a follow-up on how much money they save with these delays.
Jacob Rosenberg Dec 12, 2022 a 6:21 pm PST
There are many reasons for cumulative trauma claims to be more expensive. CT claims fall into several categories including pathologies like carpal tunnel, rotator cuff tears, shoulder impingement, lateral epicondylitis, knee/hip arthritis, and spinal spondylolisthesis. Treatment for these conditions can be straight forward but denied claims lead to increased disability because of delayed treatment. Denied claims also lead to increased med-legal costs. Many of these pathologies require surgical interventions. Curing the longstanding pathology is difficult so residual PD is common, a result of the pathology.
There are also CT claims with less specific diagnosis such as upper extremity strains or repetitive stress injuries. these are very difficult to treat, frequently have a prolonged course, and typically require a med-legal evaluation to assess PD and work restrictions.
Given that most acute injuries resolve within a few months (without applicant attorneys or med-legal evaluations) it is not surprising that pathology that has developed over years requires more treatment and results in more PD than an average case.
Obviously the purpose of the "research" is to try and delegitimize CT claims. The truth is that mostly CT claims represent true work related injuries. Those injured workers are entitled to the same benefits as anyone else injured at work.
Where payers do have a legitimate complaint is the 1% threshold for contribution to a work injury. How to "fix " that issue is another discussion but getting rid of CT claims wholesale is unethical.