Understanding Liability for Cumulative Trauma Injuries: What Workers Need to Know

At Franco Muñoz Law Firm, we want to help workers understand their rights, especially when dealing with complex issues like cumulative trauma (CT) injuries. Let’s break down what cumulative trauma injuries are, how liability is determined, and what recent cases tell us about these issues.

What is a Cumulative Trauma Injury?

A cumulative trauma injury occurs over time due to repetitive stress or strain on the body. Unlike a single accident, it results from repeated activities or exposures at work. These injuries can be tricky because they develop slowly and can involve multiple employers or insurance companies over the years.

Determining Liability Under Labor Code § 5500.5

Labor Code § 5500.5(a) limits liability for a CT injury to the employers who employed the worker during the one-year period before the date of injury (as defined by Labor Code § 5412) or the last date of harmful exposure, whichever is first. This means that liability can be shared among different employers or insurers.

Key Factors in Determining Liability

1. Date of Injury (LC 5412): This requires both a compensable disability and the worker’s knowledge that the injury is work-related.
2. Last Date of Harmful Exposure: The last time the worker was exposed to the harmful conditions at work.

Recent Cases: Mondragon and Saavedra

Mondragon v. Providence Industries, LLC

In this case, the worker claimed a CT injury through April 18, 2017. Insurance Company of the West (ICW) covered the period through April 13, 2017, and Hartford Insurance Co. (Hartford) covered from April 14, 2017, onwards. The worker continued working without missing any time and was declared permanent and stationary (P&S) on May 15, 2018.

The WCAB decided that Hartford was 100% liable because the worker did not have a compensable disability until he was declared P&S in 2018. Even though ICW provided medical treatment, it did not count as compensable disability.

Saavedra v. Country Fresh Herbs

In this case, the worker claimed a CT injury through April 12, 2017, and continued working until December 2020. Different insurers covered different periods. A qualified medical evaluator (QME) found that the worker had a bone-on-bone arthritic condition and noted impairment in a report on September 12, 2017.

The WCAB held that the worker had compensable disability as of September 12, 2017, based on the QME’s report. Even though the worker wasn’t declared P&S until 2018, the report established a date of injury for liability purposes.

What These Cases Teach Us

• Compensable Disability: For liability to be established, there must be evidence of compensable disability, which can include temporary or permanent disability.
• Knowledge of Injury: The worker must know that the injury is related to their job.
• Proactive Handling: Insurers and employers need to manage claims proactively, especially when multiple parties might be liable. This includes getting medical evaluations to establish the extent of the injury and whether it will result in permanent disability.

What Should You Do?

If you believe you have a cumulative trauma injury, it’s important to:

• Report the Injury: Notify your employer as soon as you realize your injury is work-related.
• Seek Medical Evaluation: Get evaluated by a doctor to document your condition and its relation to your work.
• Understand Your Rights: Know that liability can involve multiple employers or insurers, and it’s important to have legal support to navigate these complexities.

For more information or assistance with your workers’ compensation claim, contact Franco Muñoz Law Firm today. We are here to help you understand your rights and get the benefits you deserve.