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8/3/2008 10:49:16 AM EST
David Allen Kizer
David Kizer on Cumulative Trauma in California Workers' Compensation Cases: What Is It and How to Address It
Attorney, State Compensation Insurance Fund

Cumulative injury is one of the most difficult concepts for physicians in the workers’ compensation field. This expert commentary, written by David Kizer, discusses how physicians must often address the long term harmful effects of work exposure to the psyche, the back and internal organs and must do so while simultaneously explaining (to the satisfaction of a workers’ compensation judge) why some elements of the exposure contributed more to the overall snapshot of a worker’s disability while others did not. They also must deal with claims and denials over whether there were, in fact, any periods of harmful exposure or, where more than one cumulative injury may have occurred to the same individual over a lengthy period of time; or where the injury slowly occurred with different employers over a period of time.

As the author suggests, the issue of cumulative trauma claims are complex and require extra effort on the part of the physician to separate the various facts that make up the cumulative trauma’s “date of injury,” factors that contribute to the cumulative trauma, how long the cumulative trauma period lasts, and finally whether the facts support a second or even third cumulative trauma claim.

This article was reprinted with permission by David Kizer and Elliott-Lopez Publications, Inc., a DWC Education Provider. For further information, go to www.teachQME.com or call 760-944-6769.

Access the full commentary on lexis.com

 

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