A new Rand study commissioned by the Department of Industrial Relations concludes that a ban on legitimate CT claims is as ill-conceived as Trump's travel ban on grandparents which the U.S. Supreme Court just overturned.
Rand: "The more-radical notions of eliminating all claims for CT, eliminating all postemployment claims, or eliminating just those CT claims brought postemployment seem to us to be draconian, baby-out-with-the-bath-water responses to a problem that is created by only a tiny fraction of all providers..."
"A foundational assumption of the California workers' compensation system is that an injured worker must be given the benefit of the doubt when advancing a claim for compensation, absent good-faith knowledge that the claim does not involve a covered injury. That assumption is well represented by rules about when a claim for CT or occupational disease can be presented for compensation.
"There is no time limit under the labor code as to when one must acquire the requisite knowledge that a disability of this type is work-related. This is a reasonable approach, especially given what is known about lengthy latency periods for certain diseases related to toxin and carcinogen exposure, as well as for the subtle onset of injuries involving repetitive motions and other CTs."
The Governor's Labor Secretary (Christine Baker's boss) glibly says "Rand doesn't go far enough" by not concluding that more of a blanket ban on legitimate post-termination CT claims was a better policy.
They won't use the Trumpian term, "ban." But are they considering a Trumpian policy?
Ban grandma and grandpa from CT claims for injuries that reveal themselves after they retire. No cumulative trauma for anyone with grandkids!
In World War II the G.I.'s coined the perfect description for the results of misguided bureaucratic controls...
"FUBAR!"... "F----- Up Beyond All Recognition."
Yep. They got that right.