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Guide to the Neck Disability Index

Posted on August 28, 2020 by Edward Singer

Injured Workers, during the course of their workers’ compensation claims will be seen by treaters and evaluators. These treaters and evaluators frequently have Injured Workers fill out self-reporting concerning their physical conditions.

This self-reporting is done with respect to various orthopedic body parts. One of these requests for self-reporting is with respect to the cervical spine. It is provided to the Injured Worker in the form of an index. One of these indexes with respect to the neck is the Neck Disability Index (NDI.)

This article will discuss the Neck Disability Index, what it is used for within the workers’ compensation setting, and how Injured Workers should address it.

What is the Purpose of Self-Reporting?

“Self-reported disability and other outcome measures are an important part of patient assessment and provide important clinical information to the clinician. Neck pain related disability and function need to be measured in order to assess pre and post treatment patient outcomes, as well as provide valuable information to other stakeholders.” The association between neck pain, the Neck Disability Index and cervical ranges of motion: a narrative review Emily R. Howell, BPHE (Hons), DC^*J Can Chiropr Assoc. 2011 Sep; 55(3): 211–221. PMCID: PMC3154067 PMID: 21886283

In sum, an evaluator or treater can tell a lot of about a patient’s condition if the patient accurately describes their condition. This can be an effective cost-saving measure to assist in treatment and evaluation.

What is the Neck Disability Index (NDI)?

The Neck Disability Index (NDI) is a 10-item questionnaire that measures a patient’s self-reported neck pain related disability. It was the first of its kind when it was published in 1991 in JMPT. The association between neck pain, the Neck Disability Index and cervical ranges of motion: a narrative review Emily R. Howell, BPHE (Hons), DC^*J Can Chiropr Assoc. 2011 Sep; 55(3): 211–221. PMCID: PMC3154067 PMID: 21886283

The NDI addresses perceived neck pain and disability status. The disability status addresses various issues such as work and participation in activities of daily living.

What Neck Injuries Can This Cover?

There are a variety of neck conditions that the NDI can address. This includes cervical spine conditions such as mechanical neck pain, cervical radiculopathy, whiplash related injuries, chronic, non-specific neck pain, chronic, non traumatic and chronic uncomplicated neck pain, and degenerative posttraumatic and other neck pain.

When You Have a Workers’ Compensation Case When Would You Take Fill Out Such an Index?

There are a number of occasions for which the NDI could be used. First, it would be when an Injured Worker present with neck complaints. Second, it would generally be used by Orthopedic Doctors or Chiropractors. Third, it would be used for treatment for neck complaints. Perhaps the Primary Treating Physician and Physical Therapists may want to have the NDI taken to measure complaints and possible improvement. Therefore, the NDI can be done over a series of visits. Fourth, it could be used by a Qualified Medical Evaluator or Agreed Medical Evaluator who is addressing neck complaints. Fifth, it may be used by a Mental Health Practitioner to obtain a picture of the Injured Worker’s physical state.

What Does the NDI Address?

The NDI addresses 10 different specific categories. These categories are Pain intensity, Personal Care, Lifting, Reading, Headache, Concentration, Work, Driving, Sleeping, and Recreation.

How is It Scored?

“Each question is measured on a scale from 0 (no disability) to 5, and an overall score out of 100 is calculated by adding each item score together and multiplying it by two. A higher NDI score means the greater a patient’s perceived disability due to neck pain. The “minimally clinically important change” by patients has been found to be 5 or 10%..” The association between neck pain, the Neck Disability Index and cervical ranges of motion: a narrative review Emily R. Howell, BPHE (Hons), DC^*J Can Chiropr Assoc. 2011 Sep; 55(3): 211–221. PMCID: PMC3154067 PMID: 21886283

Note: This is about “perceived” disabilities. The score reflects how the Injured Worker feels about their condition. It is not dealing with the “reality” of the injury. A high number can either reflect a severe impairment or exaggeration. There is also criticism that the NDI does not address psychosocial or emotional aspects of neck disabilities. https://www.mdapp.co/neck-disability-index-ndi-calculator-222/

What are the Descriptions of these indexes?

Pain: the Pain Occurrences and the perceived severity

Personal Care: the Ability to Care for Oneself and Degree of Perceived Accuracy in Doing So

Lifting: the Capacity to lift different weights with or without pain

Headache: the Frequency and Perceived Severity of Recurrent Headaches

Concentrate: the Degree of Difficulty Encountered When Trying to Concentrate

Work: the Comparison Between Current and Past Work Capacity

Driving: the Ability to Drive and Length of Time to Drive Before Pain Occurs

Sleeping: the Quantification of Sleep Disturbance

Recreation: the Perceived Impairment to Partaking I Leisure Activities

What Are the Questions of Pain Intensity?

1. I have no pain at the moment, 2. The pain is mild at the moment, 3. The pain comes and goes and is moderate, 4. The pain is moderate and does not vary much, 5. The pain is severe but comes and goes, 6. The pain is severe and does not vary much.

What are the Questions for Personal Care (Washing, Dressing, etc)

1. I can look after myself without causing extra pain; 2. I can look after myself normally but it causes extra pain, 3. It is painful to look after myself and I am slow and careful, 4. I need some help, but manage most of my personal care, 5. I need help every day in most aspects of self-care, and 6. I do not get dressed, I wash with difficulty and stay in bed.

What are the Questions for Lifting?

1. I can lift heavy weights without extra pain, 2. I can lift heavy weights, but it causes extra pain, 3. Pain prevents me from lifting heavy weights off the floor but I can where they are position, for example on a table; 4. Pain prevents me from lifting heavy weights, but I can manage light to medium weights if they are conveniently positioned, 5. I can lift very light weights, and 6. I cannot lift or carry anything.

What are the Questions for Reading?

1. I can read as much as I want to with no pain in my neck; 2. I can read as much as I want with slight pain in my neck; 3. I can read as much as I want with moderate pain in my neck; 4. I cannot read as much as I want because of moderate pain in my neck; 5. I cannot read as much as I want because of severe pain in my neck; and 6. I cannot read at all.

What Are the Questions for Headaches?

1. I have no headaches at all 2. I have slight headaches which come infrequently; 3. I have moderate headaches which come infrequently. 4. I have moderate headaches which come frequently; 5. I have severe headaches which come frequently; and 6. I have headaches almost all of the time.

What are the Questions for Concentration?

1. I can concentrate fully when I want to with no difficulty; 2. I can concentrate fully when I want to with slight difficulty; 3. I have a fair degree of difficulty in concentrating when I want to; 4. I have a lot of difficulty in concentrating when I want to; 5. I have a great dealt of difficulty in concentrating when I want to; and 6. I cannot concentrate at all.

What are the Questions for Work?

1. I can do as much work as I want to; 2. I can do only my usual work, but no more, 3. I can do most of my usual work, but no more; 4. I cannot do my usual work; 5. I can hardly do any work at all; and 6. I cannot do any work at all.

What are the Questions for Sleeping?

1. I have no trouble sleeping; 2. My sleep is slightly disturbed (less than 1 hour sleepless); 3. My sleep is moderately disturbed (2-3 hours sleepless); 4. My sleep is moderately disturbed (2-3 hours sleepless) ; 5. My sleep is greatly disturbed (3-5 hours sleepless); 6. My sleep is completely disturbed (5-7 hours.)

What are the Question for Recreation?

1. I am able engage in all recreational activities with no pain in my neck at all; 2. I am able to engage in all recreational activities with some pain in my neck; 3. I am able to engage in most, but not all recreational because of pain in my neck; 4. I am able to engage in a few of my unusual recreational activities because of pain; 5. I can hardly do any recreational activities because of pain my neck; 6. I cannot do any recreational activities at all.

How Do Your Score the NDI?

The scores for the questions range from 0 to five. Therefore, scores can range from 0 to 50. O would mean minimal neck pain with minimal limitation and 50 would represent severe pain and significant limitation.

After index is scored, it translates as follows: A NDI score of 0-4, would amount to an NDI percentage of 0-8 percent and be interpreted as a “none” as far as the level of disability.

A NDI score of 5-15, would amount to an NDI percentage of 10-28 percent and interpreted as “mild” as far as the level of disability. A NDI score of 15-24, would amount to an NDI percentage of 30-48 percent and interpreted as “moderate” as far as the level of disability. A NDI score of 25-34, would amount to an NDI percentage of 50-64 percent and interpreted as “severe” as far as the level of disability. A NDI score of 35-50, would amount to an NDI percentage of 70-100 percent and interpreted as “complete” as far as the level of disability. https://www.mdapp.co/neck-disability-index-ndi-calculator-222/

What Is there a Concern for Injured Workers Over The NDI?

This Index documents a variety of activities both “Activities of Daily Living” and “Work Activities.” A credibility assessment would relate to whether the answers to the index matches up with the reported activities provided by the Injured Worker to the evaluators or treaters. In sum, this Index can impact the Injured Worker’s credibility.

There are also problems with this Index for a variety of reasons. First, many terms used in the questions are “terms of art.” By “terms of art,” they actually have a definition which the Injured Worker is unaware of. For example, heavy weights may imply a 50 percent loss of the person’s lifting capacity.

When an Injured Worker does not understand the question, it can lead to an inaccurate answer. Also, there may be activities for which an Injured Worker does not engage in and therefore cannot answer in any meaningful fashion. For example, in an extreme case, a blind person may read braille and the reading questions would not be relevant.

Is the NDI Different from the Owestry Low Back Pain Disability Index?

Yes. The NDI address different issues. There is a focus on activities that are different such as headaches, reading and concentration. In Workers’ Compensation Impairment Analysis, due to the employment of the American Medical Association Guide to the Evaluation of Permanent Impairment, 5^th Edition, there is a focus on an Individual’s “Activities of Daily Living.” For an article on Activities of Daily Living, click here. This index is goes slightly beyond the ADLs.

How Can These Indexes Be Important for a Workers’ Compensation Case?

The NDI can impact an Injured Worker in a few different ways. It can impact credibility. For example, in a minor neck injury case, a high score on the index may indicate malingering. On the otherhand, it could possibly indicate a misdiagnosis. Finally, there can be some concern of other medical conditions that may be the source of the symptoms and impact on physical activities.

In sum, an abnormal score can trigger a “red flag.” Further, comparison of the Injured Worker’s actual activities to the NDI answers may also raise issues of credibility.

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.

SUN EXPOSURE AND WORKERS’ COMPENSATION: WORK INJURIES FROM OCCUPATIONAL SUN EXPOSURE: WHAT YOU NEED TO KNOW

Posted on August 20, 2020 by Edward Singer

Many Workers spend significant periods of time working outdoors. This outdoor exposure during working hours can be a cause of Occupational Skin Disease. If a cause of one’s Skin Disease is partially caused by work-related exposure, the Injured Worker is then able to make a claim for workers’ compensation claim and may be entitled to monetary compensation, temporary disability and permanent disability benefits, medical care, vocational rehabilitation benefits and death benefits.

“Currently, it is estimated that one in five Americans will develop skin cancer during their lifetime, the majority diagnosed with nonmelanoma skin cancer (NMSC), which includes basal cell (BCC) and squamous cell (SCC) carcinomas.” Skin cancer as an occupational disease: the effect of ultraviolet and other forms of radiation Claudia C. Ramirez, MD, Daniel G. Federman, MD, and Robert S. Kirsner, MD

This article will discuss the nature of Sun Exposure Skin Diseases, What Occupations Are at Risk for Occupational Skin Disease, Statutes that Relate to Skin Disorders, and Case law discussing Skin Conditions.

What are Sun-Related Skin Diseases?

Sun Exposure can lead to various skin conditions. These include cancerous, pre-cancerous, and non-cancerous conditions. These can include photoaging -solar lentigo, wrinkles and loose or irregular skin. Pre-Cancerous Skin conditions include Actinic Keratosis. Cancerous Conditions include Basal Cell Carcinoma, Squamous Cell Carcinoma and Malignant Melanoma.

What Occupations are at Risk for Occupational Skin Disease?

Occupations at risk for Occupational Skin Disease include the following jobs: cabin attendants, construction workers, farmers, landscapers, physical education teachers, pilots, police officers, postal workers, roofers, telephone line workers, waterman, and welders.

What is Exposure? Are There Different Exposures?

“The damaging effects of ultraviolet radiation accumulate over the years. In general, the risk of developing skin cancer increases with the amount of time spent under the sun and the intensity of radiation. The intensity of radiation varies according to the season of the year, time of day, geographic location (latitude), elevation above sea level, reflection from surfaces (e.g., white sand or concrete, water, snow), stratospheric ozone, clouds, and air pollution.

Recent studies have focused on the effects of intermittent (short-term, occasional) sun exposure in comparison to chronic (long-term) exposure. It appears that the type of exposure may influence the type of cancer that develops. For example, intermittent solar exposure may be an important factor leading to the onset of basal cell carcinoma of the skin. …

In contrast, the relationship between squamous cell carcinoma and solar UVR appears to be quite different. For squamous cell tumours, high levels of chronic occupational sunlight exposure, especially in the 10 years prior to diagnosis, results in an elevated risk for this cancer in the highest exposure group.” https://www.ccohs.ca/oshanswers/diseases/skin_cancer.html

Besides Typical Sun Exposure, Are There Other Suspected Causes of Occupational Skin Disease?

Yes. Irradiation, Nonionizing Microwave Frequencies, Cosmic Radiation, and Ionized Radiation are also suspected causes of Occupational Skin Disease.

“Although sun exposure is thought to be a common etiologic factor, some studies have suggested alternative explanations, such as irradiation from the welding arc in welders, nonionizing microwave frequency radiation from radar use in police officers, and cosmic radiation in pilots and cabin attendants. Disturbances in circadian rhythm have also been suggested as having a role in the increased risk of skin cancer in pilots and cabin attendants and should be elucidated in future studies. Occupations in which there is an increased exposure to ionizing radiation, such as radiation technicians and radiologists, showed an increased risk for melanoma and NMSC. Surprisingly, there is a paucity of publications regarding skin cancer incidence amongst lifeguards, ski instructors, professional cyclists, and other professionals who spend time outside as part of their jobs. Ample evidence exists, however, that amongst selected occupations skin cancer is an important occupational disease.” Skin cancer as an occupational disease: the effect of ultraviolet and other forms of radiation Claudia C. Ramirez, MD, Daniel G. Federman, MD, and Robert S. Kirsner, MD

Are There Any Labor Code Sections which Support Claims of Occupational Skin Disease?

Yes. With respect to the present issue of Sun-Related Occupational Skin Disease, there is the Cancer presumption which applies to both certain Law Enforcement and Safety Officers. This is Labor Code Section 3212.1. For an article discussing the Cancer Presumption, click here.

Is There Case Law Concerning Sun Exposure?

Yes. A sample of sun-related cases include issues such as: Defendant claiming non-industrial sun exposure as the source of nasal cancer. See County Sanitation District No. 2 vs. WCAB (2004) 69 C.C.C. 1463; Defendant disputing CT injury date in which there was a claim of multiple CT injury dates. Injury was claimed as skin cancer caused by sun exposure. City of Vista vs WCAB (2017) 83 C.C.C. 95; also see City of Corona vs. WCAB (1997) 62 C.C.C. 1693. In the matter, “Applicant was treated by Shira Young, M.D., and was evaluated by James Lineback, M.D. Dr. Young felt that there was a probability that sunlight played a role in the development of Applicant’s skin cancer. Dr. Lineback opined that it was reasonably probable that the skin lesions were directly related to sunlight exposure.”

Are There Anything a Worker Should Do?

In my years of representing Injured Workers, one of the most tragic cases I ever had was a melanoma case. While the melanoma initially appeared in a location on the body which was not exposed to the sun, the cancer turned out to be fatal. Despite seeking advanced medical treatment, the worker died shortly after he opened his claim.

Early detection of the disease is of import. If you do so, there is a chance for a successful recovery.

For all those who work in the sun or with skin issues, you should check your skin on a regular basis and seek medical attention. Per the Centers for Disease Control, “[a] change in your skin is the most common sign of skin cancer. This could be a new growth, a sore that doesn’t heal, or a change in a mole. Not all skin cancers look the same.

For melanoma specifically, a simple way to remember the warning signs is to remember the A-B-C-D-Es of melanoma—“A” stands for asymmetrical. Does the mole or spot have an irregular shape with two parts that look very different? “B” stands for border. Is the border irregular or jagged? “C” is for color. Is the color uneven? “D” is for diameter. Is the mole or spot larger than the size of a pea? “E” is for evolving. Has the mole or spot changed during the past few weeks or months?”

What If I Need Legal Advice?

OCCUPATIONAL MEDICINE, OCCUPATIONAL MEDICINE DOCTORS AND WORKERS’ COMPENSATION: INJURED WORKERS BEING TREATED OR EVALUATED IN AN OCCUPATIONAL SETTING: WHAT YOU NEED TO KNOW

Posted on August 6, 2020 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?

WHY ARE WORK INJURIES NOT REPORTED?: WORK INJURY CLAIMS AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Posted on July 23, 2020 by Edward Singer

“To File or Not To File? That is the Question”

It is common knowledge that there are many work-related injuries that are not reported. The lack of reporting denies the Injured Worker the opportunity to claim workers’ compensation benefits which may include disability benefits, medical care, and vocational rehabilitation benefits.

This article will discuss why both Employees and Employers don’t report work injuries claims. This article will also discuss whether there are times in which a claim should not be filed.

Why Is the Reporting of Work Injuries Important?

Pursuant to Labor Code Section 5402, a reporting of an injury triggers the obligation of the carrier to investigate liability for the claim and make a determination within 90 days. Further, if the claim is not denied, a presumption of injury can apply. Further, during the period of delay, the Applicant is entitled to receive medical care paid for by the carrier up to $10,000.00.

How Significant is Under-Reporting?

In the study, “[a] questionnaire and interview survey was administered to 110 workers performing similar tasks and several managers, health, and safety personnel at each of three industrial facilities. Although less than 5% of workers had officially reported a work-related injury or illness during the past year, over 85% experienced work-related symptoms, 50% had persistent work-related problems, and 30% reported either lost time from work or work restrictions because of their ailment. Workers described several reasons for not reporting their injuries,” . Under-reporting of work-related disorders in the workplace: a case study and review of the literature Pransy, Snyder, Dembe & Himmestein Pages 171-182 | Published online: 06 Dec 2010 https://doi.org/10.1080/001401399185874.

Note: In the study, significantly more Workers may have viable claims than those who report injuries.

Why Do Employees Under-Report Their Work-Related Injuries?

In a recent article, Employees reasons for not reporting injuries was discussed. Under-reporting of work-related disorders in the workplace: a case study and review of the literature Pransy, Snyder, Dembe & Himmestein Pages 171-182 | Published online: 06 Dec 2010 https://doi.org/10.1080/001401399185874. The reasons for the under-reporting were as follows: including fear of reprisal, a belief that pain was an ordinary consequence of work activity or ageing, lack of management responsiveness after prior reports, and a desire not to lose their usual job.

Fear of Reprisal: Note: Injured Workers are afraid that their Employers or Co-Workers can act in a negative fashion towards them if they report an injury. Injured Workers are afraid that their pay, benefits, and work privileges and rights will be impacted. Co-Workers can also be adversarial towards the Injured Worker if they are implicated in the injury claim. For example, they might be the cause of the injury claim as they may have stressed out or injured the worker. Also, the Co-Workers may be a witness to the injury. The Co-Workers may not be happy that they are brought into the claim and have to make a statement against their Employer. Note: Labor Code Section 132a protects Injured Workers and Employee Witnesses to claims.

A Belief that Pain was an Ordinary Consequence of Work Activity or Ageing: Note: Individuals with limited knowledge of medicine may not understand that certain medical conditions may be work-related. This may be compounded by the fact that the Worker may not have sought treatment or medical care to be diagnosed with a condition.

Lack of Management Responsiveness After Prior Reports Note: Many times, injuries are reported and managers do nothing. At that point, an Injured Worker just gives up.

Desire Not to Lose Their Job Note: Certain Work Injury claims can impact one’s ability to work. Medical treatment or reporting may generate work restrictions that would preclude them from performing their job. Also, there is the fear that they will be terminated for filing a claim. Note: Labor Code Section 132a protects Workers against wrongful termination for reporting of a claim.

One reason not mentioned in the survey was

Worker not aware of their Rights to Claim Work Injury Note: Many workers are not aware of their workers’ compensation rights. Also, there are some injuries can be work-related that an Injured Worker would not know that they are work-related.

Why Do Employer’s Under Report Employees’ Work-Related Injuries?

In the article, it noted that “interviews with management representatives revealed administrative and other barriers to reporting, stemming from their desire to attain a goal of no reported injuries, and misconceptions about requirements for recordability.” Supra.

Desire to Attain a Goal of No Reported Injuries Note: Workers’ Compensation claims cost Employers money due to increased premiums. For self-insured Employees, there can be increased reserves because of claims. In sum, work injuries cost Employers money.

Misconceptions about Requirements for Recordability Note: some Managers or Leads may not understand that what a work injury is and therefore not offer paperwork to the Injured Worker to file a claim.

Should an Injured Worker Report a Claim?

One should take thoughtful consideration when deciding whether to filing a claim. They should think about whether it is worth filing the claim. They should think about the implications in the workplace, and they should think about whether there is a medical/legal basis for filing the claim. Consultation with an attorney is recommended to make the determination. Further, a medical consultation might be of import as to whether there is industrial causation of the medical problem.

What If I Need Legal Advice?

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

Posted on March 4, 2019 by Edward Singer

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 →