The California Fire Service July - August 2024

The California Fire Service 33

TIME LIMITS KILL CASES, DOES FILING KILL PROMOTION Usually, firefighters with specific traumatic injuries file for workers’ comp. Sometimes, the injury is so obvious (think a fall with a fracture) that the employer files the claim. Firefighters with serious physical conditions like heart, or cancer will often file workers’ compensation claims occasionally they wait too long. Firefighters with psychiatric problems tend to “defer” filing until they have no other choice. Sometimes stalling causes major problems, sometimes even killing cases. Often firefighters late in their career, suffer growing emotional problems. Perhaps they take time off from work, and document some “pretend” condition. Sometimes they seek medical treatment but do not mention any claim to their chain of command. Sometimes older firefighters retire on Service retirement (based on age and years of service) and hope that their symptoms remit. Often symptoms do not go away.

severe, and to encourage … firefighters…to promptly seek diagnosis and treatment without stigma. …and recognize that …severe psychological injury …is not “disordered’ but is a normal human response to trauma…” No” presumption” is automatic, or final. It violates due process and common standards of fairness to impose responsibility in All cases. Imagine a “psyche” claim filed by a rookie-on the first day of work, without any response. You can expect that any cumulative claim, whether for cancer or heart or psyche, to be initially rejected. All of these conditions have “presumptions of causation.” Rejection merely means that claims is not positive that they have to pay and they will not do so until more proof is given. SERIOUS CONDITIONS Any psychiatric condition may be industrial, and any serious condition should be considered for filing for workers’ compensation benefits. Serious conditions cause significant time loss, or need for treatment. Conditions which threaten your continued work are, of course, very serious.

all workers’ compensation and disability retirement matters and probably all legal actions. The basic time limit to file for workers’ compensation benefits is generally “one year from the date the employee was disabled (perhaps medical treatment is enough to start the countdown) and probably knew the condition was job related.” If you do not notify your employer of your claim or file with the Workers’ Compensation Appeals Board before the time limit expires you are out of court. Notifying the employer may (or may not) stall the time limit, but if the employer gives you a workers’ compensation claim form, and if you do not file the claim, you may be out of court. The point of time limits is to “bar” (preclude) all claims including valid claims. Firefighters as a group tend to wait too long to file and pursue their psyche claims. Sometimes good claims are lost simply due to time limits.

DOES FILING KILL PROMOTIONS?

TIME LIMITS KILL CASES Statutes of limitations apply in

It should not. Maybe it does. Under workers’ compensation

Does filing kill promotions?

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