Aggravation of prior injury - Printable Version
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Aggravation of prior injury - UndercovrAngel - 02-18-2008 06:19 PM
As most people here know, I was injured in Nevada, a traumatic crush injury to my right (dominant) hand back in 2003. I settled my case and was told that I had lifetime reopening rights.
Well, it's almost 4 years since I closed, and I am now experiencing problems not only with my hand and wrist, but clear up my arm and into my shoulder. I was recently diagnosed with RSD in my right ankle ,foot and leg. Could the RSD have moved this quickly??
Regardless, I need to have this looked at. I can't handle waking up in the morning with my entire arm, wrist and hand full of pins and needles as well as feeling as if the upper part of my arm is on fire much longer. I sleep on my left side, so I know that it isn't just simply that my arm has gone to sleep. And at work, it gets worse the longer that I am at work on a computer. I have lost about 15 hours from it in the past week since it became a real problem.
So here is my question. Do I make a new claim with my employer here in TX and get it treated that way as an aggravation and let TX and NV fight over apportionment?? Or am I supposed to find a Dr here in TX that will accept NV work comp and let them bill the original IC for treatment??
I really don't want to use WC at all, but have enough medical bills as it is (had to quit getting my diabetic meds as it is as I couldn't afford them while going through all this crap with my foot,ankle and leg) that I can't pay. I am going to talk to my pain management Dr on Monday the 25th about what could be causing this and may be able to get him to treat me for it while we work on taking care of the RSD. This would save me from extra expenses if he believes that it could be related to the RSD.
RE: Aggravation of prior injury - 1171 - 02-18-2008 07:04 PM
it's really a medical question. if your current symptoms would have developed regardless of what's happened since your case closed you could probably get a reopening. most likely they are not going to be able to say one way or the other. if they say it's separate then you'll have to have a doctor try and relate it to your work and file another claim.
RE: Aggravation of prior injury - Lilly - 02-19-2008 09:35 AM
Angel, You ARE taking your diabetic meds now, right?
RE: Aggravation of prior injury - jayne - 02-19-2008 10:00 AM
she better be or there is gonna be some (Jayne's lame attempt to bypass the Bad Word Filter) licking going on...............
RE: Aggravation of prior injury - capricorn - 02-19-2008 10:17 AM
Angel>>>I am right behind the others in kicking some butt over these diabetic meds. Are you taking them now?? If you start and stop this can cause you sooooooooooooooo much more damage. Please let us know IF you need help in paying for them.
Onto your question. In my case although I suffered 2 previous WC injuries my attorney filed a new case this time. There are added body parts along with previous injuries that have acted up. In my state if you have sought tretment for I believe it's 18 months it would be a new claim anyway. From what I was told, my last claim was back and knee, that if that's all I hurt there was a possiblility of re-opening since i only suspended it when I returned to work. In my case now there is the addition of my neck, shoulder and ankle which makes it a new case. If I'm understanding correctly you are having pain in additional places????
Please let us know what we can do to help with the diabetic meds. You're playing with fire.
RE: Aggravation of prior injury - UndercovrAngel - 02-20-2008 04:06 PM
Jayne said that it is going to be an (Jayne's lame attempt to bypass the Bad Word Filter) "licking" ~lol~ I think that I will pass on that for now... thanks but no thanks !!!
And no, I haven't been taking my diabetic meds since November, although I have continued to monitor my sugar level and have been able to keep it under control with my diet. Before I had the lumbar nerve block on the 12th, the nurse tested me and I was at 120, which is about normal for me. I generally run between low hundred and teens into the hundred and 20's.
And there is more to the whole thing than being able to afford them. Our insurance company insists that if we are on maintenance drugs, such as the avandamet, lipitor and diovan like I was taking, it has to be done via mail for a three month period. All of this ran me $189 for a three month supply..along with a copay every three months for the dr and another for the blood tests. So I was expending about $250 every three months and when I went out on FMLA, I lost 30% of my wages and was only getting $400 every 2 weeks. I had/have over $1000 worth of bills per month, that I HAD to pay during my fmla.. so something had to give along with all the medical bills I have incurred with my foot,ankle and leg.
As for the current problems with my hand from the WC injury, the ortho that took care of my injury and did the surgeries, told me the day that he put me at MMI that I really needed an MRI of my hand, wrist and thumb but that the IC refused to pay for one. He then stated that I would eventually need a third surgery to more or less immobilize my thumb as it would continue to get worse. I am just wondering if this is what he was talking about. If it is, then wouldn't it be the responsibility of the NV IC to cover it ?? Or should I just by pass that and go with a new work comp case(aggravation of an old injury) through AVIS and save the hassle of fighting the IC in NV for coverage here in TX??
I was reading another post here that was talking about carpal tunnel and how it is no longer considered a compensable work comp injury.. but that a repetitive stress injury is. I also spend my day at work in front of a computer. However, I can prove that NOT one of our work stations is ergonomically correct. I am always trying to get the monitor set correctly as well as the chair set to the right position. But when you have to basically use a different station every day, it gets to be a pain.. literally.. in the neck and back.
I am just so confused as to what I should do. I don't want the hassle of being back in the WC system again .. but I also can't afford to handle this on my own financially. Especially if I have to go back out on a medical leave. I need to keep my job as well as my medical benefits. Kind of like being caught between a rock and a hard place.