Injured Workers Pain Reporting

Pain, Symptom Severity and Pain Reporting in Workers’ Compensation: What You Need to Know

In California Workers’ Compensation Law, there are many times that Injured Workers are asked to describe the nature and extent of their Pain. Injured Worker’s Pain Reporting is a vital part of the workers’ compensation system.  This article will discuss the terminology used within workers’ compensation to describe the nature and extent of pain. Pain Reporting is essential to the Workers’ Compensation System.  Pain Reporting can impact everything from the acceptance of the claim as being industrial, to the provision of benefits, and to the provision of medical care.

Pain Reporting can be subjective. People have different tolerance to pain. Pain can be different in nature. Pain can be dull. Pain can be sharp. Pain can be momentary. Pain can be unrelenting.  Further, many times it is hard for an observer to understand an individual’s pain. Due to the subjectiveness and the difficulty in verification, Pain Reporting has an element of doubt as to its nature and extent with respect to Insurance Companies.  All parties involved within the workers’ compensation, doctors, attorneys, and judges, will be assessing whether the Injured Worker’s Pain Reporting is valid for the purposes of handling the claim.

Injured Worker’s Pain Reporting validity impacts the very foundation of many workers’ compensation claims. Pain Reporting, for which Judges and Medical Evaluators view as credible, can lead to the provision of workers’ compensation benefits. This can include such items as the finding of injury being industrial to findings concerning the nature and extent of the injury. Pain Reporting, for which Judges and Medical Evaluators view as non-credible, can negatively impact one’s workers’ compensation claim.  This can include finding that there was no valid claim to the diminishment of benefits. Continue reading

What is a Cancer Presumption in California?

California Workers’ Compensation Law provides for a special cancer presumption for certain Police and Safety members. This cancer presumption makes it easier for an individual to prove that their cancer illness is work-related.  Once found work-related, an individual can obtain the entire array of benefits which include total temporary disability, medical care, permanent disability et al. The pertinent section Labor Code Section 3212.1 Continue reading