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Thread Title: STREP THROAT
Created On Wednesday October 11, 2006 4:38 PM

WorkCompTeam
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Wednesday October 11, 2006 4:38 PM

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This is a new one for me - I have a client who has an employee that is claiming that they got Strep Throat from a co-worker. The employer is very hesitant to allow this person to file a claim due to the precedent this may set with regard to illness in the office. I'm curious as to others' thoughts and comments on this subject.

gaiassoul1@yahoo.com
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Wednesday October 11, 2006 5:29 PM

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You don't "allow" an employee to file a claim. You give them a DWC-1 when it is demanded, which is not an admission of liability. Neither is then filling out the 5020- Employer's first report You then tender the defense to your insurance company, who should immediately deny it.

Employers do not have any rights as to what claims get filed or not filed. Any employee requesting to file, gets to file -- what's next, that the cut only bled for an hour so we did not need to file a claim?

While the strep throat is blatantly deniable in most cases, there are situations like measles for school teachers which may not be.......so that is left to the legal eagles, and employers should not be making these decisions.

Employers make widgets and should make widgets. All workers' compensation matters are referred immediately to the insurance company to tender the appropriate defense, because they "make" workers' comp, which technically means once the employer "tenders" their policy, they are a disposable party to the case. Liability done.

WorkCompTeam
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Friday October 13, 2006 2:53 PM

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Yes, you're right. I instructed them to submit claim to the carrier and just let it be "what it is". I do understand their concern with setting a precedent in the office though - what's next, filing a claim because you caught a cold?

Thank you for your input!

stewshe@comcast.net
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Friday October 13, 2006 7:05 PM

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AcordiaWCTeam,

When I worked at The Hartford, many years ago, I had a comp claim, pressed by a very persistent mother. Her "baby boy," age 25, 6' 3" 230 lbs, worked outside and got rained on! He didn't have his rain coat or rain hat and got "ALL WET!!!!" (He was a laborer. I forget his exact job.)

Anyhow, he got soaked. A few days later he got a cold and she insisted on his filing a claim.

I denied the claim based on a study done in the 1960's by I believe some Marine volunteers. Various doctors tried for weeks to "give them a cold" and could not. Rain didn't work, sneezing co-workers didn't work, and of course a "draft" didn't work because, "You can't draft a Marine."

A lot of diseases may be spread by dirty door knobs, certainly more than toilet seats, and sneezes too, for that matter, but unless someone is run down and vulnerable, a healthy person to the best of my knowledge can't be "given" a cold.

Facts may have changed, and perhaps there is a more recent study about drafts, wet feet, etc. If so, someone will post it!

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Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.

7th ed. Work Comp Index (912 pgs), $119.00 ea; next ed. summer, 2010 {Discounts for orders of 12 or more}
Send check or money order & shipping info. (I cannot take credit cards.)

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James T. Stewart; 1937 Santa Ana; Clovis, CA 93611

cohenmi@sutterhealth.org
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Wednesday November 15, 2006 8:53 AM

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Regarding the DWC-1 and 5020: Unfortunately some Employers DO NOT provide their EE's the opportunity to file WC claims via DWC-1 form until forced to do so, electing to use " 1st Aid" far beyond the CA Labor code and OSHA intention. Also some Employers do not have active WC insurance, in violation of State law, and the mechanism for IW's to access the Uninsured Employer Fund is very cumbersome.
This does a great disservice to IW's, Health Care providers, and Employer's who do follow the rules.

denyse
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Thursday February 22, 2007 8:05 PM

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Not sure there is much impairment under the Guides for Strep throat.

Bottom line is how do you prove it happend at work or in line at the Smorgy Bob's at lunch?

stewshe@comcast.net
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Friday February 23, 2007 5:27 AM

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denyse,

You posted, <<Bottom line is how do you prove it happend at work or in line at the Smorgy Bob's at lunch?>>

Perhaps they were playing "Kissy Face?"

The issue is probably the cost of medical treatment with no "impairment" anticipated?

-------------------------
Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.

7th ed. Work Comp Index (912 pgs), $119.00 ea; next ed. summer, 2010 {Discounts for orders of 12 or more}
Send check or money order & shipping info. (I cannot take credit cards.)

Prices INCLUDE sales tax, and shipping.

James T. Stewart; 1937 Santa Ana; Clovis, CA 93611

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