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Bill Would Limit Liability for Cumulative Trauma, Occupational Disease Claims

Monday, January 30, 2017 | 1978 | 0 | 12 min read

A California lawmaker is proposing legislation to limit employer liability for occupational disease and cumulative trauma claims unless certain conditions are met. Assemblyman Adam Gray Assembly Bill 221, by Assemblyman Adam Gray, D-Merced, would require that at least one of four criteria be satisfied for employers to incur medical liability for occupational disease or cumulative trauma claims filed on or after Jan. 1, 2018, including: The treatment was authorized by the employer. The injury to the body part or body parts for which the treatment was provided has been accepted by the em...

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Comments

Stuart Baron Jan 30, 2017 05:01 AM

While I applaud the intent, this will simply make the process even more complicated. I continue to feel that simply moving cumulative trauma claims from its current position in LC 5412 back to LC 5411 will give us the tool needed to combat specious claims. This would then give us the affirmative defense of post termination claim which well over 90% of CT claims fall...

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Zully Lara Jan 30, 2017 09:01 AM

I often wonder what incentives these politicians get from the big insurance companies and or employers to create laws in their favor. The injured employee and those that provide a service to them, are a constant target of these insurance companies. Yet, when they are in the shoes of an injured worker they demand VIP service and proper treatment. I call them members of the Church of Our Lady of Until it Happens to Me!

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Kimberley Pryor Jan 30, 2017 01:01 PM

When they eliminate employer fraud (read that as ENFORCED heavy fines and imprisonment) they can start talking about limiting the CT claim. Gender and immigrant biased poppycock. If I had a dollar for every time a client walked into my office and told me that they told the manager or supervisor they were in pain or had been hurt and were ignored, or worse yet, threatened and/or fired, I'd be a wealthy woman.

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Mike Salomon Jan 30, 2017 02:01 PM

I agree with Zully Lara 100 percent. These politicians should go visit three industrial clinics in their districts. Visit them randomly and talk to the injured worker and the doctor. Get their opinion of what is wrong in his system versus just listening to the companies who have deep pockets. When workers get injured an can't find a place to get treated because the employer doesn't want to report the injury what should the injured worker do? They can't use their private ins because they won't pay for it if the injury was at work . The only way they can be treated is to pay for it cash which is highly unlikely $$$ or find a doctor who will see them on a lien basis. Oh but wait the state wants those doctors to pay $150 to see those injured workers. So let's get this straight a doctor does a service. That service is evaluating and treating the injured worker, doesn't get paid and then has to pay $150 to file a lien. How Rediculous is this system. The doctors should be able to be paid extra for doing such a service. What should we do flood every ER with all workers comp patients when their cases are denied? That may be the way to get a change.

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Mike Salomon Jan 30, 2017 02:01 PM

Kimberley you hit the nail on the head

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MARTIN PRYAL Feb 4, 2017 11:02 AM

it should be patently and instantly clear to those representing injured workers that, to paraphrase Will Rogers, "We have the best politicians that money can buy".

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Thomas Curtis Feb 20, 2017 02:02 PM

What you are all ignoring is that managers at State Fund looted worker's compensation of billions, many billions - and that bankruptedf the system and is why they use such restrictions on injury aoe/coe and treatment, rehabilitation and medical care. they have changed the law for this TO BE an ENTITLEMENT for all workers injured on the job to "NOT BE an ENTITLEMENT per a state fund claims adjustor" so much for the "grand bargain or the great tradeoff" that gave employers the total upper hand in workers compensation and created an entire INDUSTRY around catching cheating injured workers when it's the INSURANCE industry, at SCIF in particular, who has and is still looting the industry. when will someone go to jail at SCIF - they let off the last president who was accused of a billion dollar fraud - and they let him off without even a penalty. the public of course got screwed. btw i was a "state case claims adjustor for SCIF" and i took care of CHP claims - they looted the industry, the CHP and city cops like at San Jose - over 2 billion from Chief's Disease alone to date and counting.

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