What happens if an Applicant Has Two Different Dates of Injury for the Same CT claim?

2018-10-23T11:11:43-07:00

To summarize, Labor Code § 3208.1 explains that the date of injury for cumulative traumas (CT), which determine when applicant’s statute of limitation is triggered and governed by Labor Code § 5412. That would be when the applicant has both disability PLUS knowledge that his or her disability is work related. Labor Code § 5500.5 on the other hand explains what the CT date [...]

What happens if an Applicant Has Two Different Dates of Injury for the Same CT claim?2018-10-23T11:11:43-07:00

How does California Determine the Date of Injury for Triggering Statute of Limitations?

2018-10-13T10:09:45-07:00

The two most common types of cumulative traumas are carpal tunnel syndrome (CTS) and injuries to the low back, but there are many other types as well. There is not usually much confusion as to the “date of injury” for a specific injury. However, the results can be all over the map, when trying to [...]

How does California Determine the Date of Injury for Triggering Statute of Limitations?2018-10-13T10:09:45-07:00

How can we Improve Opioid Prescribing?

2018-10-12T11:54:07-07:00

Primary care clinicians report having concerns about opioid pain medication misuse, find managing patients with chronic pain stressful, express concern about patient addiction, and report insufficient training in prescribing opioids (26). Across specialties, physicians believe that opioid pain medication can be effective in controlling pain, that addiction is a common consequence of prolonged use, [...]

How can we Improve Opioid Prescribing?2018-10-12T11:54:07-07:00

California: What does the labor code define an injury?

2018-10-10T07:45:21-07:00

Labor Code § 3208.1 “An injury may be either: (a) ‘specific,’ occurring as the result of one incident or exposure which causes disability or need for medical treatment; or (b) ‘cumulative,’ occurring as repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes any disability or need for medical treatment. [...]

California: What does the labor code define an injury?2018-10-10T07:45:21-07:00

What is The Data-Driven Prevention Initiative (DDPI)?

2018-10-08T10:57:06-07:00

The Prescription Drug Overdose: Data-Driven Prevention Initiative (DDPI) awards funds to 13 states and Washington D.C. to support efforts to end the opioid overdose epidemic in the United States. This program will help states advance and evaluate their actions to address opioid misuse, abuse, and overdose. That includes increasing their ability to: Improve data collection [...]

What is The Data-Driven Prevention Initiative (DDPI)?2018-10-08T10:57:06-07:00

California: When the “Date of Injury” Becomes a Moving Target

2018-10-04T07:04:17-07:00

The California Labor Code distinguishes between two different types of industrial injuries, a specific injury and a cumulative trauma (CT) injury. This is not the case in other states where their law recognizes only specific injuries. However, there is great justification for allowing workers’ compensation benefits to be bestowed on an employee who suffers [...]

California: When the “Date of Injury” Becomes a Moving Target2018-10-04T07:04:17-07:00

How is Tort Action Against Comp Insurer is Barred by Exclusive Remedy Defense?

2018-10-02T07:13:40-07:00

A federal district court granted a workers’ compensation insurance company’s motion to dismiss claims contained in a complaint filed against it alleging, inter alia, concealment fraud, negligent interference, and bad faith breach of contract. The court said that, generally speaking, the carrier had been sued for its role in the alleged mishandling of plaintiff’s workers’ compensation [...]

How is Tort Action Against Comp Insurer is Barred by Exclusive Remedy Defense?2018-10-02T07:13:40-07:00
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