California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Dec 2009
    Posts
    3

    Default Cumulative Trauma

    My back was injured due to cumulative trauma of my trade over 12 years, I just found out it's work related this october, how long do I have to report this to my employer upon finding out it's work related? And if someone knows and can cite it in the labor code and section that would be great.

  2. #2
    Join Date
    Oct 1971
    Posts
    3,476

    Default Re: Cumulative Trauma

    The law says you have to file at the time of the injury.
    There's no reason why anyone would wait.

    My back was injured due to cumulative trauma of my trade over 12 years
    In the past twelve years, how many times did you file an accident report with your employer?
    How many times did you see the company doc for this?

    I just found out it's work related this october, how long do I have to report this to my employer
    It's impossible for a doc to make that call based solely on an employee statement.
    He would also have to review the accident report , otherwise it's just a opinion based on what you said.

    You "just" found out in October?
    Three months ago isn't "just"
    Why would you wait three months?
    For starters, you need to inform your employer Before you seek medical treatment.
    You then need to afford them the opportunity to verify the circumstances (file an accident report) and provide medical care.
    You can't just willy nilly go to a doc, have him say it's work related, wait three months and tell them what his "opinion" may be.

    There are procedures and rules to protect both the employer and employee, you broke all of them.
    I'd say you have a long road ahead, I fail to see how you'll prove your case at this point.
    Good Luck.
    Tony
    Last edited by tony; 12-23-2009 at 01:16 PM.
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  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Cumulative Trauma

    The laws do require you to file a first report of injury, as soon as you have knowledge of your injury/illness being work related. You have one year (SOL) to file a claim for benefits under your ER's plan for industrial injury.

    It is very possible to have a CT/Cumulative Trauma injury manifest over time. In your case, based on the info you provide here, your 'injury' would have manifested before now. But, thats' a medical determination, no one for a message board.

    CT in WC is usually a CTS/Carpal Tunnel Syndrom...a 'back' issue would be, unusual, at the very least. As you did not say what type of work you do, or did to be the cause of your injury... it's difficult to say what you're likely to face.

    You can expect a denial by the ER's IC... you'll have the option to dispute that denial, and request a Panel QME to determine the AOE/COE issues.

    You can find answers to many of your qustions in the fact sheets at the DWC web site...http://www.dir.ca.gov/dwc/InjuredWorker.htm
    Labor codes can be found/search here....http://www.leginfo.ca.gov/calaw.html

    My back was injured due to cumulative trauma of my trade over 12 years,
    That's gonna be a hard one... showing this is work related, and the ER should be liable for this 'injury' in the long run. Difficult at best.
    You are going to have to select a Dr within the carriers MPN...look for that to happen pretty quick here.

  4. #4
    Join Date
    Dec 2009
    Posts
    3

    Default Re: Cumulative Trauma

    I was diagnosed with degenerative disks initiallly in March but they said the degeneration was minimal and they weren't sure why I was having so much pain, so they tried a facet which did nothing, and than tried 2 seperate epidurals which also did nothing, they couldn't find a reason for the pain untill October which they than found the desicated disks and annular tears due to a discogram, and they found it to be because of all the lifting, bending, twisting I do in my job "which is considerable". As there was no moment where I picked something up and just went "ouch", it started out of the blue. Once the doctor's found out what the cause was, I reported it right away, before that I was working with it on my own.
    Last edited by qurant; 12-23-2009 at 04:40 PM.

  5. #5
    Join Date
    Oct 1971
    Posts
    3,476

    Default Re: Cumulative Trauma

    how long do I have to report this to my employer upon finding out it's work related? And if someone knows and can cite it in the labor code and section that would be great.
    Once the doctor's found out what the cause was, I reported it right away,
    ????????????? Then why the above question?


    they found it to be because of all the lifting, bending, twisting I do in my job
    That's not possible.
    There are hundreds of causes for your condition.
    They have no way to make such a determination, it's one possible theory based on what you told them.

    Once the doctor's found out what the cause was,
    Doctors diagnose and treat conditions, they have no way to determine the actual cause, it's impossible.

    Your post is quickly not making any sense.
    Last edited by tony; 12-23-2009 at 05:24 PM.
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    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Cumulative Trauma

    I have to agree with Tony on this one... you are facing an uphill battle to get this accepted as a compensable injury. Litigation is going to be necessary...and you would be well advised to consult with an attorney... this is not somthing you can handle on your own... and a message board is not a substitute for legal advise.

    DDD is not generally a compensable injury, in fact DDD is usually cause for reducing your rating to permenant disability. ER's are not liable to the extent I think you are seeking. Twelve years for a back injury, even though contributable to your job duties does not make this a viable claim under the WC coverages.

  7. #7
    Join Date
    Dec 2009
    Posts
    3

    Default Re: Cumulative Trauma

    So far it is an uphill battle, they accepted my case and than sent me to someone who didn't even open the discogram disc's, said he "thought" I had tumor's and said it wasn't work related..... since than I have done every physical and blood test there is, and it has all shown that I'm healthy except my back problem. I'm not tryin to get over on anyone, as a matter of fact I wasn't going to claim workers compensation untill my doctor's told me in there opinion that's the only way it could have happened, and since than all but this 1 doctor has agreed with the assessment of the first doctor about it being work related. Anyways I go in for my QME soonish and I was just wondering what the time limitation is if it's a cumulative trauma case because I didn't report the small irritating muscle pain I first experienced as I figured it was just pulled muscle or something and as usual would just work through it. Just wanted to see if they could use the timeline against me.

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