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What is Occupational Medicine?

Posted on August 6, 2024 by Edward Singer

In the field of medicine, there is a specialty that addressed work injuries, Occupational Medicine.

Many Injured Workers, during the course of their treatment or as part of their evaluation process, encounter doctors who specialize in the field of Occupational Medicine. In sum, Occupational Medicine Doctors play a variety of roles in workers’ compensation cases. Occupational Medicine Doctors provide treatment to injured workers in the form of being Primary Treating Physicians. Some of them also act in the capacity as Qualified Medical Evaluators.

Occupational Medicine is also known as Occupational and Environmental Medicine. Therefore, an abbreviation of OEM may come up with respect practitioners. Further, there is an American College of Occupational and Environmental Medicine. This organization represents various health care professionals in Occupational and Environmental Medicine. The College has the abbreviation of ACOEM. Also, the College generates various publications such as the ACOEM Guidelines. ACOEM Treatment Guidelines are used within the California Workers’ Compensation System. It is a Board Certified Specialty.

This article will discuss Occupational Medicine, Occupational Medicine Doctors, the Role of Occupational Medicine Physicians within Workers’ Compensation and what Injured Workers should expect when seeing an Occupational Medicine Physician.

Is There a Controversy Concerning Occupational Medicine?

Occupational Medicine, in my opinion, is a controversial field. The reason being is that, in the treating capacity, Workers only see Occupational Medicine Doctors when they have already had an industrial claim.

A book noted that it was “a disconcerting fact that workers’ compensation fails to compensate most occupational injuries and illnesses, including fatalities. Only a small fraction of occupational diseases is covered by workers’ compensation, and only a small fraction of people suffering from occupational illnesses ever receives workers’ compensation benefits. Either by law or by practice, compensation in many states is particularly limited for occupational diseases. A recent study suggests that workers’ compensation insurance absorbs only 21% of the true costs of occupational injuries and illnesses. Many workers’ compensation laws now prevent or discourage the recognition of occupational diseases. The efforts of many industries and their insurers to deny claims lead to the failure to compensate workers who have occupational diseases. Another important contributing cause is the limited information available to physicians.” The Practice of Occupational Medicine, LaDou, Harrison (2006).

In sum, because Occupational Medicine Doctors do not treat individuals who are initially coming in for regular treatment issues, they most likely never encounter individuals who have potential industrial injury cases. As a result, individuals will most likely not be advised their treating doctor that their condition is work-related. In this author’s opinion, the only way that Occupational Medicine Doctors can improve the rate of participants in the workers’ compensation for industrial injuries is to perform educational programs to General Practitioners or Family Medicine Doctors, In doing so, their knowledge of industrial injury causation would be passed on to front line treaters.

What Is Occupational Medicine?

Per the American Medical Association, “Occupational and environmental medicine… is the medical specialty devoted to the prevention and management of occupational and environmental injury, illness and disability, and promotion of health and productivity of workers, their families and communities.”

The AMA notes that “[t]he term “environmental medicine” …”addresses the impact of chemical and physical stressors on individuals and groups.”

What is an Occupational Medicine Doctor?

Per the DIR, Occupational Medicine Physicians “have knowledge in a number of clinical areas and expertise in a wide variety of disciplines. Occupational medicine focuses on comprehensively preventing and managing illness and injury among workers. An occupational medicine physician typically has expertise in: The harmful effects of chemicals, metals, gases, and pesticides) and other workplace hazards, such as radiation and noise (Toxicology) Fitting the job to a person (Ergonomics) Musculoskeletal injuries including back, neck, and extremities Hearing loss Disorders of the lung, such as asbestosis, silicosis, and work-related asthma (Pulmonary) Work-related cancers (Oncology) Infectious diseases in the workplace, including blood borne pathogen exposures and tuberculosis Preventing illness and promoting wellness (Preventive Medicine)”

They can act in the capacity of QME. Their QME code MPO.

Where Do Injured Workers Encounter Occupational Medicine Doctors? How Do They Operate?

In most circumstances, in the event of an injury in the workplace, many Employers will send workers to get treatment at an Industrial Clinic. A number of Industrial Clinics employ Occupational Medicine Doctors to provide treatment.

Sometimes, Injured Workers may see Occupational Medicine Doctors in the capacity of QME.

In either circumstance, I have found that these doctors act as “gatekeepers.” They appear to refer the Injured Workers out to the various medical specialties that are needed to treat or assess the various conditions. In sum, they will refer Injured Workers out to necessary medical specialties such as orthopedics or internal medicine. In my practice, they seem to point people in the right direction for treatment. Also, they appear to be very capable of making an AMA impairment guide assessment at the most basis level. By this, I mean that they are familiar with the various charts of the AMA Guides and are able to generate an impairment.

What If I Need Legal Advice?

If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information. Click Here.

CAN A NFL FOOTBALL PLAYER’S AMPUTATION FROM A COLLEGE INJURY BECOME A NFL WORK-RELATED COMPENSATION CLAIM? INJURED WORKER IN THE NEWS, #43

Posted on June 19, 2022 by Edward Singer

It is reported that Marcus Davenport of the NFL Saints recently had part of his pinky amputated. It is reported that the injury was from his college career. Over the years, however, he has had several surgeries to his his pinky. During his professional career, in 2021, he had a surgery on the finger. cbssports.com

This article will discuss whether a pre-existing injury can become a workers’ compensation injury.

Can A Pre-Existing Injury Become Work-Related?

Yes. California Workers’ Compensation Law provides that “industrial causation is established if the preponderance of evidence presented [show that employment proximately caused his/her medical condition] to “light up,” accelerate or aggravate. (§ 3600, subd. (a)(3); Pullman Kellogg, supra, at page 454; Tanenbaum, supra, at pp. 617–618; Franklin, supra, at pp. 244–245.) Proximate cause is shown if employment is a contributing cause. (McAllister at p. 418; Nash at p. 1809.) Employment as a contributing cause need not be a scientific certainty, a reasonable probability is sufficient. (McAllister, supra at p. 417; Rosas, supra, at pp. 1700–1701.)

In this circumstance, if Mr. Davenport’s NFL job duties worsened his pinky condition it is possible that he could file a work injury claim against his NFL team. He would have to prove that his employment contributed to the worsening of the condition. Typically, this would be proven by a treating doctor or qualified medical evaluator examining the current state of the injury, reviewing the records of his past medical treatment, and taking a history from the worker as to what happened at work that aggravated the condition.

What If I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

THE “LUCKIEST” WOUNDED EMPLOYEE? INJURED WORKER IN THE NEWS, #42

Posted on June 13, 2022 by Edward Singer

Television Golf Reporter, Sage Steele, sustained an industrial injury when a line drive golf ball struck her in the face at a Professional Tournament. She sustained facial injuries which included dental. She reported that she “the luckiest person in the world to still be here.” Foxnews.com She reported “it is amazing how quickly life can change, right?” She reported that Steele said she has “a long way to go” in her recovery but extended thanks to all those who wished her well and her dentist for his extensive care. Foxnews.com

This fact pattern addresses many issues in workers’ compensation. There are venue issues and treatment issues. This story offers a touch on the reality of the impact of serious work injuries upon an employee.

Where Should This Claim Be Filed?

Jurisdiction and Venue are legal terms which address the location legal action may be filed. In Workers’ Compensation Law, there are several factors which may impact both the state and the location of where an action is filed. Factors that are consider include the location of the employment, the residence of the employee, and the location of the injury. In this instance, Ms. Steele may work out of a particular state, i.e. California. As such, California a proper venue.

Are Dental Injuries Covered Under Workers’ Compensation?

Yes. In California, dental injuries are covered. Thus, dental treatment to cure or relieve from the effects of the injury are to be provides in accordance with Labor Code Section 4600. Dental treatment is subject to Utilization Review. Depending upon the nature of the dental condition, a lifetime award can be provided if medically indicated. For those not having dental insurance, the award of future care can be invaluable.

What Is the Lesson From This Work Injury?

Work injuries can be life changing events. Significant life changes can include permanent medical conditions that can cause pain or impairment. Likewise, serious injuries can end one’s ability to perform their vocation. Ms. Steele’s view of being lucky represents the reality for many workers.

What If I Need Advice?

CALFORNIA HIGHWAY PATROL OFFICERS SERIOUSLY INJURED: INJURED WORKERS IN THE NEWS, # 34

Posted on May 3, 2022 by Edward Singer

A horrendous accident happened when an alleged drunk driver struck a parked California Highway Patrol aka CHP Squad Vehicle on the freeway. It is reported that the driver was traveling 95 miles per hour upon impact and that the cruiser. The police car erupted into flames.

The Officers were rushed to the hospital. One is with major injuries and the two others with moderate. One Officer was reported to have a neck brace on. It was reported that one Officer was dragged out the burning vehicle. Dailymail.com

Taking these facts, a hypothetical analysis of this incident will be done with an assumption that one of the Officers sustained burn injuries

Initially, What Benefits Will These Officers Receive?

California Highway Patrol Officers will initially receive a form of salary continuation benefits. Once salary continuation benefits have been paid, total temporary disability benefits will be picked up and paid at the “state rate,” The “state rate” is a term used for the regular rate mandated for claims.

Since The Officers Were In the Same Accident, Will Each Officer Get The Same Benefits?

No. While the California Highway Patrol Officers were in the same accident, they will all receive different benefits. Workers’ Compensation Benefits are based upon each individual’s injuries, their age, and their needs.

Assuming one of the Officers had severe burns, total temporary disability benefits can extended out to “240 compensable weeks within a period of five years from the date of the injury.” Labor Code Section 4656(a). This is opposed to other Officers who most likely do not have other 4656 exceptions apply. They would be eligible for a total of 104 weeks of temporary disability benefits.

What About Permanent Disability?

For permanent disability, each Officer will be assessed upon their body parts injured and their impairments. Likewise, they will be assessed differently based upon their age. Older officers will have a higher rating than younger officers irrespective that the injury happened on the same date. It is possible that the Officers may sustain the exact injury and impairment and get different ratings. This would be caused by the age adjustment in the rating. The only item in the rating that the officers will share is that they will be assigned the same occupational group for their rating.

What If I Need Advice?

NEWS REPORTER SERIOUSLY HURT IN UKRAINE: INJURED WORKER IN THE NEWS, #28

Posted on April 11, 2022 by Edward Singer

A Fox News Reporter sustained severe injuries when he and his crew came under attack in Ukraine. According to reports, Mr. Hall, the reporter, wrote, “[t]o sum it up, I’ve lost half a leg on one side and a foot on the other. One hand is being put together, one eye is no longer working, and my hearing is pretty blown… but all in all I feel pretty damn lucky to be here – and it is the people who got me here who are amazing!” poynter.org

It is reported that he had extensive medical treatment. He was evacuated out of Ukraine. He was taken to Germany and then he was taken to Texas for treatment.

This article will discuss issues of this fact pattern as if it would fall under a California Workers’ Compensation Law.

Does Medical Treatment Include Transportation Costs?

Yes. Medical transportation is included as part of medical treatment In Mr. Hall’s instance, there was Med-Evac Treatment. In other terms, Medical Transportation is necessary as part of medical treatment. This is included with Labor Code Section 4600 under the provision to provide medical treatment which is reasonably required to cure or relieve from the effects of the injury. Air Ambulance Services are included under this provision.

Are There Any Special Benefits That Would Be Available Under Workers’ Compensation Law?

Yes. There are two body parts that may make Mr. Hall eligible for additional periods of temporary disability given the facts. The amputation would qualify him for the extended TTD benefits in accordance with Labor Code Section 4656. Likewise, his eye injury may also qualify him for the benefit. His injury to his eye was caused by a high velocity object or it was a result of a chemical burn. This determination will require a determination by a medical doctor as to the cause. The specific language in the statute is “high-velocity eye injuries” or “chemical burns to the eyes.”

What Would Be the Venue for This Claim?

While the injury happened in Ukraine, this claim will be filed at a particular state. Most likely, Mr. Hall’s claim could be filed at the location he works. Thus, if he is based out of Texas, Texas law may apply. Venue, at times, can involve a multitude of factors. This can include where his contract was made or which States Mr. Hall worked in at Fox. In otherwords, there may be a choice of venue given the facts of the case.

What If I Need Advice?