California Workers Comp Blog

California Workers Comp Blog

Statute Of Limitations Cumulative Trauma Injury

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In Regards To The Statute Of Limitations Cumulative Trauma Injury

Date of injury in cases of cumulative trauma injuries is date on which employee first suffered disability and knew, or should have known, that such disability was caused by employment. Statute of limitations is one year thereafter.

Structured Settlement Agreements

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RE: Structured Settlement Agreements

It is possible to settle a worker’s comp case pursuant to a structured settlement agreement. It is frequently used when the applicant has suffered substantial permanent disability. The settlement often consists of a lump sum payment coupled with a life pension, paid weekly or monthly. Usually, medicare requires that there be a medical set aside agreement. The amount to be set aside for medicare is established by medicare after they have reviewed all medical reports pertaining to applicants injuries. Normally the applicant opens a checking account where the medicare funds are deposited and used only to pay for applicant’s future medical treatment for his or her industrial injuries. The value of the structure is based on the present value of applicant’s life payments for permanent disability and future medical care. Usually the applicant’s attorney will employ a structured settlement expert to help evaluate the case and to work with the defendant’s structured settlement broker.Structured settlements can be of great value to the injured worker when they are fairly valued and desirable to the applicant.

Required Vehicle Exception Going And Coming Rule

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In Regards To Required Vehicle Exception Going And Coming Rule

If employer requires or reasonably relies on the employee to make his or her personal vehicle available to use for employer’s benefit and employer derives benefit from that availability of vehicle then employee is in the course and scope of employment.

Petition To Reopen For New And Further Disability

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Regarding A Petition To Reopen For New And Further Disability

Labor Code Section 5410 provides that a party can petition to reopen within 5 years of the date of injury upon the ground that the original injury has caused new and further disability . . . The new and further disability must be based on the body parts that were part of the original award or that were compensable consequences of injuries to the original body parts contained in the original award.

A petition to reopen for new and further disability requires that there be a causal connection between the alleged “new and further disability” and the original industrial injury. Put another way, the new and further disability must be a result or an effect of the prior compensable injury. This causal connection may be in the way of further injury to the same body part or injury to a new body part as a compensable consequence of the original injury.

Psychiatric Permanent Disability 6 Month Rule

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Regarding Psychiatric Permanent Disability 6 Month Rule

Labor Code Section 3208 generally bars claims of psychiatric injury if the applicant was employed less than six months. Exception “sudden and extraordinary employment condition.”

Predominant cause requirement in psychiatric permanent disability

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In regards to a predominant cause requirement in psychiatric permanent disability

In order for an psychiatric injury to be compensable the employee shall demonstrate by a preponderance of the evidence that actual events of employment were predominant as to all causes combined of the psychiatric injury. Predominant means that the actual events of employment account for greater than 50% of a psychiatric disability/injury.