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Carpal Tunnel
02-10-2009, 06:01 PM,
#1
Carpal Tunnel
In 2006 I filed a work-comp claim. I have worked in a grocery store for 24 years as a cashier. The company denied the claim after sending me to their doctor. He stated that my carpal tunnel was "NOT" work related. Well, before I went to see the "company" doctor, I had the nerve induction tests done by my own doctor. I had a funny feeling that the company doctor would say I didn't even have carpal tunnel. I hired an attorney right before I went to see the company dr. After the claim was denied by company, I had the surgery done for DeQuarvain's desease, which is similar to Carpal Tunnel. I was off work for about 8 weeks. That was in May 06.
In September of 07 I had another surgery done on the same wrist for Carpal tunnel. that time I was off work for about 8 weeks also. Both times I recieved not one dime the whole entire time I was off work. no work-comp no disability. It is now 2009. the company insurace
now wants to settle. They offered some measley amount of 5,000. Out of that I have to pay back the insurance company that paid for my surgeries. That leaves me with little or nothing. Here's my problem
I am now suffering from the same thing in my other wrist! The thought of having to go through that process again with my company makes me sick to my stomach! How do they get away with such behavior? Do they think we will just roll over and play dead?
I told my attorney that I would go all the way to a jury trial before I accepted the offer they had., I was unaware that there are no jury trials in work-comp cases. I just wanted to make my point clear to him that's it's the "Principle" of the matter. Any comments or suggestions would be very good right now. Thanks all
Reply
02-10-2009, 06:11 PM,
#2
RE: Carpal Tunnel
Have you contacted your union? they often have attys on retainer who are experienced in the particular problems of your occupation.
You should read up on the benefits available in your state under worker comp laws; i suspect you'll be very surprised at more then the lack of a jury trial. Workers comp is very different from most workers assumptions.
Reply
02-10-2009, 08:11 PM,
#3
RE: Carpal Tunnel
What State is this in?

What does your Attorney have to say?
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
Reply
02-10-2009, 09:11 PM,
#4
RE: Carpal Tunnel
I live in Missouri. I am using a union attorney. It seems that the attornies are always so Gun-Ho at the beginng, then they seem to fizzle out! Beleive me, this one is going to work for his cut! Because I'm not going to settle for peanuts.
Reply
02-10-2009, 09:21 PM,
#5
RE: Carpal Tunnel
Missouri

I'm not sure what you expect to obtain for a settlement Award. But, I thought your State has a Cap on how much each Body Part is worth. So, I don't know about Peanuts, but I will see if I can find more information on your State with settlements.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
Reply
02-10-2009, 09:39 PM,
#6
RE: Carpal Tunnel
Missouri

It's not an issue of how many surgeries, pain, or suffering. It does not play a part in any States Work Comp Laws and Rules;

Here is what I found based on your State; This is right from your State Work Comp Board;

(example). Assume you have an injury to your wrist. The wrist is rated at the 175-week level. So if the rating is 10 percent, your settlement will be based on 10 percent of 175 weeks or 17.5 weeks. Assume your average weekly wage is $300.00. Your compensation rate (two-thirds of your average weekly wage) is $200.00. The compensation rate of $200.00 times the 17.5 weeks comes to $3,500.00. The total PPD benefit would be $3,500. Of course, an administrative law judge is the final decision maker on the appropriateness of the rating and the average weekly wage. So, just because the employer or insurance company has offered a settlement proposal, this does not mean your case is settled. You must appear before Division staff for final approval of the settlement.

The disability benefit that is paid for any permanent residual effect of your injury is called permanent partial disability. This is a lump sum benefit that is paid to you after the injury has been treated and you have recovered to the fullest extent possible. The permanent partial disability benefit, often called PPD, is paid to compensate you for that permanent residual effect of the injury. These payments are based on a weekly schedule for various body parts, the rating of that permanent injury and your average weekly wage.

In order for your case to be settled, the doctor should rate your work-related injury. This rating is the doctor's opinion on the permanent effect of the injury. It is usually given as a percentage of a body part such as an arm, leg or finger. A back or neck injury is rated as a body as a whole injury. Depending on the body part affected by your injury, there are a number of weeks that are set out for that body part. For example, the leg at the hip is rated at 207 weeks, the arm at the shoulder at 232 weeks, the index finger at the first knuckle at 45 weeks, and the body as a whole at 400 weeks.

Your compensation rate is calculated the same way as the temporary total disability benefit, that is two-thirds of your average weekly wage. However, the maximum limitation is lower at 55 percent of the State Average Weekly Wage, or since July 1, 2003, $347.05. The maximum amount is determined by the date of injury.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
Reply
02-12-2009, 03:44 PM,
#7
RE: Carpal Tunnel
Bad Boy Bad Boy Wrote:Missouri

It's not an issue of how many surgeries, pain, or suffering. It does not play a part in any States Work Comp Laws and Rules;

Here is what I found based on your State; This is right from your State Work Comp Board;

(example). Assume you have an injury to your wrist. The wrist is rated at the 175-week level. So if the rating is 10 percent, your settlement will be based on 10 percent of 175 weeks or 17.5 weeks. Assume your average weekly wage is $300.00. Your compensation rate (two-thirds of your average weekly wage) is $200.00. The compensation rate of $200.00 times the 17.5 weeks comes to $3,500.00. The total PPD benefit would be $3,500. Of course, an administrative law judge is the final decision maker on the appropriateness of the rating and the average weekly wage. So, just because the employer or insurance company has offered a settlement proposal, this does not mean your case is settled. You must appear before Division staff for final approval of the settlement.

The disability benefit that is paid for any permanent residual effect of your injury is called permanent partial disability. This is a lump sum benefit that is paid to you after the injury has been treated and you have recovered to the fullest extent possible. The permanent partial disability benefit, often called PPD, is paid to compensate you for that permanent residual effect of the injury. These payments are based on a weekly schedule for various body parts, the rating of that permanent injury and your average weekly wage.

In order for your case to be settled, the doctor should rate your work-related injury. This rating is the doctor's opinion on the permanent effect of the injury. It is usually given as a percentage of a body part such as an arm, leg or finger. A back or neck injury is rated as a body as a whole injury. Depending on the body part affected by your injury, there are a number of weeks that are set out for that body part. For example, the leg at the hip is rated at 207 weeks, the arm at the shoulder at 232 weeks, the index finger at the first knuckle at 45 weeks, and the body as a whole at 400 weeks.

Your compensation rate is calculated the same way as the temporary total disability benefit, that is two-thirds of your average weekly wage. However, the maximum limitation is lower at 55 percent of the State Average Weekly Wage, or since July 1, 2003, $347.05. The maximum amount is determined by the date of injury.

Bad boy
Based on what has happened so far with this case, do you think it would be safe to assume that if I make a claim to get my right wrist
fixed, the company will pay for the surgery to correct the condition or are they going to start the crap all over again? Like I stated before, the thought of that makes me nautious. I could try to get it done on my own, but my insurance company will kick it back, stating it is a work related condition and to file a work comp claim.
Any thoughts?
Reply
02-12-2009, 05:13 PM,
#8
RE: Carpal Tunnel
checker148

Your asking what to expect in your case if you have sugery on the other hand.

I would expect the same since you have been denied all this time now.

If you don't know how to file for a Hearing to dispute the Denial, I guess you then need to speak with a work comp Attorney then. But remember there isn't a whole lot of money to settle for neither.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
Reply
02-12-2009, 08:13 PM,
#9
RE: Carpal Tunnel
I have recurring carpal tunnel/RSD. I do not know but whoever told you that Carpal tunnel is NOT a work related injury they are full of S&&*. If you are working with your hands and your job requires repetition then more than likely it is a wc injury. Especially seeing you work with a register and bagging all day as it is repetition all day with your hands. That surgery should of been accepted in my view.

When I first had my surgery I used my own insurance because I was not sure why and what the pains were in my hands. This was 11 yrs. ago. It was when I first started using the computer. I was asked from my IC if it was work related and if so to fill out the paperwork. I never got back to them on it and just like I said had my insurace cover it.

2 yrs. ago after drawing blood, working with my hands in pain that they got so bad that I dropped a needle and wanted to just go home I was forced to fill out a wc form and see their doctor. I have now had many diagnosis and ortho doctors refuse to repeat the surgery for fear I may lose all use of my hand ( dominant). I have a permanent impairment from my occupational wc doctor that was 32% and the WC insurance sent me to their doctor and brought my rating down to 10%. Stopped paying for my pain meds because he claimed you do not need pain meds for recurring carpal tunnel. I now have my own insurance pay for my meds. and continue to go to pain management and work 40 hours a week within my restrictions.

I received a permanent impairment award for my 10% loss because the judge found the wc doctor more credible and got an award of 7,500.00. I did not have a lawyer as I had no trouble up until the time of rating percentage dispute. I did not want to get a lawyer involved only to probably get another 5,000.00 and my medication paid for. All I care is that my treatment is paid for. It is and I go to PM every month for different treatment options.

If I were you , I would NOT settle right now and I would get a wc lawyer and try to get the other hand done through wc. I am having trouble now with my left also after using it more now because I am compensating by using it instead of my dominant hand. I would have to disagree that it is NOT a work related injury if you use your hands at work. This is of course my opinion and would fight it.
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
Reply


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