Hi Beth

[Whiskee]

Disability/WC?

What is the name of your state? California

Hello Beth,

Thursday last week 4/10/03 I expereinced numbness in my forearm and pain on my right ring finger. I phoned my chiropractor and she thought I may be developing carpal tunnel. I have an appointment this evening. You mentioned in previous reply that HR should be contacted first which I have done today 4/15/03 via email. I have not told my supervisor. Is that ok to advise HR only?

I had been seeing a chiropractor Oct-Dec 2001 for neck and should pain and ceased because of billing problem. Injuries sustained from desk job and computer work. Can I file a claim for WC even though it was in 2001?

I found another chiropractor in April 2002 through present. June 2002 to March 2003 I received acupuncture treatments for neck, shoulders and whatever other ailments I had at the time. And now that I may be developing carpel tunnel, can all this be covered in WC?

HR has not replied. What do I do now? Does chiropractor need to write diagnosis for carpal tunnel and for previous neck and back pain?

Do I have to go on disability first and how does that work?

Thanks,
Whiskee

 

[Beth3]

Whiskee, those aren't questions I can answer because I don't know what your employer's policies are, nor whether your prior aches and pains can be attributed to your work. I can tell you that your neck and shoulder pain don't necessarily have anything to do with carpal tunnel, nor is it likely the WC carrier will assume liability for a claim you retro-actively decide is due to your job. You can certainly make a claim for those things but you can anticipate it will be thoroughly investigated.

And this is completely a personal aside but I strongly suggest you see an orthopedic surgeon for a proper diagnosis of your numbness problem and not rely upon the opinion of a chiropractor. If you do have carpal tunnel, that is not something that can be treated by a chiropractor and probably not even properly diagnosed by one.

You need to follow-up with HR regarding your "what happens now" questions.

 

[Whiskee]

Hi Beth,

I'm not saying that the neck/shoulder pain is necessarily related to the carpal tunnel. I have standing appointments with my chiropractor, so I thought I would let her know of my numbness at the time of my visit. I have no problem with the investigation.

No, I'm not relying on chiropractor. I'm presently in search for a medical doctor. I'm not even sure that I want to procede with WC because it's so complicated and I just dealt with a two year health insurance/provider billing dispute. I don't want to take the chance that my job could be changed or lost plus the hassles that accompany WC. I'll speak to my HR for more info.

Thanks,
Whiskee

 

[Whiskee]

Supervisior did not inform HR

Hello,

Now that I have received WC forms, I have questions and here is situation from beginning:

In November 2001 I sent a letter to my supevisor asking for assistance since I was putting in 2 or more hours overtime per day. I complained my my neck/shoulders hurt, "For myself, my neck and shoulders cannot handle more than 2 hours overtime a day". Does this qualify as notifying my supervisor? Did supervisor not adhere to any rules, regulations? And if so, what are the consequences? I was and still am ignorant of how WC and procedures. I didn't inform HR, just this letter. I sought chiropractic treatment Oct-Dec 2001. I stopped treatment due to insurance/billing problems. I found another chiropractor around May 2002 and am being currently being treated. Now that I have WC forms in hand, I see it reads I cannot file a claim for this injury as a year limit has been exceeded.

Now that I suspect I have carpal tunnel, can claim be denied because they will say that carpal tunnel may be related to neck/shoulders? Or will they treat it as a new and separate injury? Am I entitled to reimbursement for 2002-present chiropractic visits? And what proof would they need?

I have a friend who's currently applying for WC. That's how it occured to me that my suspected carpal tunnel should be reported and I should apply for WC. How does the above neck/shoulder factor? The WC specialist was not in the office when I received the forms, but will be in today. I have not yet seen a medical doctor. I wanted my WC questions answered first before making a decision to pursue WC or just see a medical doctor of my choice asap.

Thoughts, advice would be greatly appreciated.

Thank you,
Whiskee

 

[Beth3]

1. Telling your supervisor you can't handle more than 2 hours of OT a day because your neck and shoulders hurt demonstrates that you told him there was a problem but not one that was caused by the job. For all your supervisor knows, you hurl the discus in your free time and that's why your neck and shoulders hurt. Your employer is not required to guess at the cause of your physical complaints (absent a fork lift hitting you in full view of witnesses.)

2. Your suspected carpal tunnel will be treated as a unique occupational injury for several reasons, among them the fact that you have made no previous claim for any other injury. The other is that the type of repetitive motions necessary to result in a carpal tunnel injury are unique and typically quite different from those that would cause neck and shoulder pain.

3. Whiskee, I simply cannot predict what the employer's WC carrier will assume liability for and what will be the outcome of any WC claims you make. All you can do is inform your employer of either or both of what you believe to be occupational illnesses (carpal tunnel, neck-shoulder pain) and let them investigate and make a determination. The WC carrier will contact all the physicians you have seen for both injuries for your medical records and go from there. The fact that you're nearly 18 months late in reporting the neck/shoulder problems that you believe were caused by work will make it considerably less likely that the WC carrier will assume liability for those medical bills however. You're just going to have to let the process run it's course.

 

[Whiskee]

Hi Beth,

HR will be sending me to Spinal Specialist who will also look at my hand/arm. HR says that they will have start date of injury 2001. HR faults management for not reporting it and will accept my letter as notice of injury. No, they will not reimburse me for past 2001 to current visits, but will from this point forward which is something rather than flat out denying me.

Thanks,
Whiskee

 

[Whiskee]

new development

new development. sorry typing w/ unjured left hand. manager wants to give my current duties to someone else and have me take on duties of someone who has just resigned. i can complete my current duties w/in 8hrs injured or not. i only write and type numbers which i have been doing w/ left hand since hand hurt. the position they want me to move to reqires more responsibility and more cumulative keying including text which w/ left hand would take much longer and not sure i would be capable w/ injured hand or not. the person who is resigning has developed a ganglion on her wrist. it appears to me that this would cause further injury to move me. are they w/in right to move me under these circumstances? i'm waiting for WC HR person to schedule my doctor's appt. for carpal tunnel.

Comments, advice appreciated.

thanks, whiskee

 

[Beth3]

Yes, they can transfer you to this other position. It may be a foolish decision on their part given that it may aggravate your current/suspected medical condition but they may transfer you if they wish to.

 

[Whiskee]

WC so complicated

Hi Beth,

Since I filed the claim yesterday, and am reading online about WC. It seems so complicated. I certainly don't want to fork out any money for a lawyer. And going through all tests to perhaps have them determine it was partially work-related or deny it and make me responsible for full payment of testing plus all the other hassles. Can I call HR to cancel the claim and just see my own doctor?

Thanks,
Whiskee

 

[Beth3]

You can certainly try but if the first report of injury has been filed with the WC carrier, chances are the carrier is now obligated to investigate and make a determination as to liability and compensibility. It's pretty hard to unring a bell.

 

[Whiskee]

I'll give it a go. You'd think they'd be happy someone would want to cancel the claim. I just want to see a doctor of my choice and get treated. Can they make me complete further forms and can I just not accept their doctors' appointments? Or after their determination of liability can I cease at that point?

 

[faigele]

hi, whiskee. i am a workers compensation representative, handling wc claims for applicants (injured workers) in ca. do not cancel your claim. the way i would handle it if you came to my office (this is not a solicitation, just advice) would be to file a claim for cumulative trauma to all body parts involved ie shoulder, arm, wrist. get an attorney as you will have no out of pockets costs but will pay only 12-15% of your settlement at the end of the case. you will be saved a lot of hassles and problems if you are represented. as to whether or not you can do the modified position being offered you, this is a medical decision. it is up to the doctor treating you. since you are presently being seen by the defense doctor (insurance doctor) he may well return you to this position, so try it - if you feel worse, go back and tell him. you only need to go to that doctor for 30 days and then you can chose your own doctor. the important thing, though, is this is a cumulative trauma - this is how the attorney will file your claim. therefore, your whole problem dating back over the past couple of years is addressed. good luck and post back to let us know what's going on.

 

[Whiskee]

Hi Faigele,

I don't even want to deal with all this. I don't want an attorney and don't want to see their doctors. Why should I not cancel the claim? It is possible isn't it?

Thanks,
Whiskee

 

[faigele]

why don't you want to be represented? you can cancel the claim if you want, but why do it? if you are injured at work, you deserve to be compensated.

 

[KYSassy]

Whiskee.....you may not want the hassle now but, take it from me, if you have cumulative trauma you need to be treated ASAP!
Regardless of your present situation, your damage may well be permanent. If that is the case, you will be affected to some degree for the rest of your life! Considering that fact, a hassle now is better than a permanent problem you were not compensated for.

I am 3 years out from my cumulative trauma claim and still suffer from the permanent damage. Do Not Delay!!!!!