California law requires that most employers carry workers' compensation insurance. The intent of a workers' compensation policy is to provide workers with benefits, such as medical expenses and a portion of pay, in the event that an occupational injury interferes with his or her ability work.
As a repetitive stress injury, one of the most common claims in office workers is carpal tunnel syndrome. However, workers may run into problems when trying to file a workplace injury claim due to carpal tunnel.
Burden of Proof:
For example, a commonly debated issue with regard to carpal tunnel is if it was actually work-related, or arose from some other cause. The employee has the burden of proof in establishing that a carpal tunnel injury is the direct result of work duties.
If, for example, an employee enjoys golf or tennis as a hobby, then an insurer may try to argue that the sport was the root cause of the injury, not the nature of an employee’s work. Alternatively, if an employee has a condition that exacerbates inflammation, such as arthritis, the insurer may argue that a pre-existing condition caused the injury.