This episode opens a new topic for the Workers Comp Matters podcast: repetitive stress injuries, sometimes referred to cumulative trauma, acquired on the job. What happens to someone when someone develops a workplace injury, physical or mental, that can’t be traced back to a single, isolated event? Or what if the injury is the result of cumulative trauma developed under multiple employers?
Bodily wear and tear, the result of daily repetitive labor, is real. Think of the brick mason on his knees for decades or the mechanic crawling under vehicles and lifting heavy items, or the carpal tunnel injuries from working at a keyboard week in and week out. These injuries pose challenges when asked for a “date of injury” on a claim form.
For attorneys representing victims of repetitive stress, clarity is key, explaining clearly to the investigator that there is no single date. The injuries were the result of the entire period of labor. Lawyers need to think creatively to fully communicate that the injury is the direct result of the workplace.
We all “break down” as we age. For a successful claim, attorneys must show that the traumatic “wear and tear” injury is a direct result of the workplace, not simply the result of ordinary aging.
Mentioned in this Episode:
Massachusetts Zerofski Case
A Look Inside the Workers' Compensation System
Dissecting Fraud
The Independent Medical Evaluation (IME)
MSA Update for Workers Comp Cases
Cardiac Injury Claims
Workers Comp & the AMA Guides 6th Edition
Workers Comp National Trends & Issues
Workers Compensation Post 911
What Every Lawyer Needs to Know About Federal Worker Compensation
Disability Prevention vs. Disability Management
Carpal Tunnel Syndrome and Other Repetitive Stress Injuries
Back Injuries and Treatments in the Workers Comp Setting
Evidence in the Complex Workers Comp Case
Special Edition of Workers Comp Matters
Psychiatric Disability
Defending Complex Workers Comp Cases
Social Security Disability
Kids Chance
Representing Undocumented Workers
Medicare Set-Aside Allocations
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