California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Dec 2011
    Posts
    1

    Default How to Determine Date of Injury for a Degenerative Condition

    The California Glossary says, "If the injury or illness was caused by
    repeated exposures (a cumulative injury), the date of injury is the
    date you knew or should have known the injury was caused by work."
    I've worked as a truck driver for 20 years with aching knees.
    I only found out in 2010 that I had Severe Osteoarthritis when I was xrayed for something else.
    I'm scheduled for a Total Knee Replacement in Janurary 2012.
    Though I'm only 52, 2 surgeons recommended 2 TKR's.
    What is my DOI?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: I've Had Degenerative Arthritis in Both Knees for Years. What is My Date of Injur

    you can't have an injury unless there is also disability.
    so you have to combine those two determinations and then establish the industrial liability period especially if injury date is after you left your employment.
    legally determining those dates can be complex and depend on very specific facts.
    since you have a significant medical condition which may also include apportionment to non-industrial activities and multiple employers you should contact an atty specializing in workers compensation.
    start here and use the zip code search:
    caaa.org

  3. #3
    Join Date
    Oct 1971
    Posts
    3,587

    Default Re: I've Had Degenerative Arthritis in Both Knees for Years. What is My Date of Injur

    BRAINFIRE
    the date of injury is the date you knew or should have known the injury was caused by work."
    What is my DOI?
    The law requires that you inform the employer immediately of a work related injury.
    The DOI is the day you informed the employer and afforded them the chance to provide medical and file the claim.

    Tony
    Moderator
    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

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: I've Had Degenerative Arthritis in Both Knees for Years. What is My Date of Injur

    CT or Cumulative Trauma injurys have a DOI of the first date disability exists, or the first date your PTP takes you off work. Disability is defined as being unable to work. Whether it's TTD or TPD.

  5. #5
    Join Date
    Oct 1971
    Posts
    3,587

    Default Re: I've Had Degenerative Arthritis in Both Knees for Years. What is My Date of Injur

    Bvia
    the first date your PTP takes you off work.
    Means nothing. The employer must be informed and allowed to provide medical treatment.
    You can't go to "your" personal doctor, not inform the employer, then claim an on the job injury and receive benefits for years previous based on that doctors "opinion"

    The employers doctor must take you off work, not your personal doctor.
    The DOI is the day that broke the camels back, the day you're unable to work with the condition and informed the employer.

    The DOI is the day the injury was reported to the employer and a claim filed.
    What you do off company time, behind the employers back is irrelevant.

    Q. What should I do if I have a job injury? A. Report the injury to your employer by telling your supervisor right away. If your injury or illness developed over time, report it as soon as you learn or believe it was caused by your job.
    Reporting promptly helps prevent problems and delays in receiving benefits, including medical care you may need. If your employer does not learn about your injury within 30 days and this prevents your employer from fully investigating the injury and how you were injured, you could lose your right to receive workers' compensation benefits.
    http://www.dir.ca.gov/dwc/WCFaqIW.html


    I have no idea of why an old thread popped up as a new post.
    I just noticed this thread is from back in 12-09-2011

    Tony
    Moderator
    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: I've Had Degenerative Arthritis in Both Knees for Years. What is My Date of Injur

    If your injury or illness developed over time, report it as soon as you learn or believe it was caused by your job.
    That is correct, but If there is a specific onset injury, and you are taken off work, the DOI would be that day.
    For CT/Cumulative Trauma claims, the DOI is the first day disability exists. Disability being the first day you cannot work due to the injury.

    You may treat with your own Dr, but once that Dr opines to industrial causation, the EE/IW must file a first report of injury form to the ER, or the Dr must file the claim, and submit billing to the ER/IC.
    AT THAT POINT... the ER/IC may direct the IW to seek treatment with a Dr in the MPN.

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