Jeffrey Adelson is quoted in a February 19th article on Cumulative trauma claims focus as states weigh changes in Business Insurance magazine.
The article references a 2018 report from Workers’ Compensation Insurance Rating Bureau of California, which stated that “the frequency of cumulative trauma claims had doubled since 2008 and that such cases accounted for 18% of lost-time indemnity claims in 2014, up from 8% in 2005. The ratings agency also reported in 2018 that 80% of statewide cumulative trauma claims involved attorney representation and 61% involved multiple body parts.”
Adelson acknowledged that “many cumulative trauma claims are real and have been acknowledged in industry for over 100 years. The problem is our bodies do wear out with age, and the things we do cause our bodies to react if we go through repetitive motion.”
“Cumulative trauma “is something that people take advantage of and, yes, it costs insurance companies a lot of money, but that is not the fault of the injured worker. There has to be a way to compensate the legitimately injured worker who puts their hard work into physical work that no one else wants to do, or what they have been trained to do and that’s all they can do. These injuries are real. If you can’t control them it’s not the fault of the legitimately injured worker. It’s the fault of the courts or the legislature.”