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Carpal Tunnel Syndrome Message Board
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Old 10-07-2006, 02:48 PM   #1
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Question CTS and workers comp....

Hello,
I was diagnosed with bilateral CTS in june. I filed a workers comp claim late July. Everything was going smoothly until now. I was off work for 1 month doing physical therapy. I'm back at work now only part time, and my hands still hurt me. At my last appointment, my doctor recommended surgery. Well, I just found out today that workers comp denied my surgery. Has anyone else had this problem? And what should I do next? I think I want to fight it, because I do not want to live in pain for the rest of my life. Should I get a lawyer? I would appreciate any help. Thank you.

--Krissy

 
Old 10-07-2006, 09:21 PM   #2
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Re: CTS and workers comp....

Krissy I had bilateral surgery last year. I got a lawyer and won my case. I highly recommend having an attorney represent you. I am curious what prompted the worker's comp board to deny your surgery. I wish you the best of luck.

 
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Old 10-07-2006, 11:20 PM   #3
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Re: CTS and workers comp....

I am not sure why they denied it. I think it said something about the not having the nerve test, but I had that done in June and it showed bilateral carpal tunnel. Maybe because I had it done by another doctor who wasn't their doctor. And I think it said something about me not having constant numbness, but I told them that my numbness had gotten worse after therapy, and I would think the pain would be enough reason to get surgery since nothing else has worked. I think I will definitely get a lawyer. The letter I received from workers comp said that I can appeal their decision, so a lawyer might help the matter. Thanks for the reply and help.

 
Old 10-08-2006, 03:29 PM   #4
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Re: CTS and workers comp....

I know how frustrating all this is believe you me. Here in Maryland, the only time Worker's Comp decides about surgery or treatment is once the case has been heard. Keep us updated on how things go. I sure hope you are able to get the help you need soon.

 
Old 10-09-2006, 01:40 AM   #5
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Re: CTS and workers comp....

Hi - I would re appeal, and allow their Medical doctor to examine you, and to make sure he/she does a diagnosis using the nerve test.

They are using the fact that some other doctor did the test, as a get out.

Also the therapy you have been having does nothing for Carpal Tunnel Syndrome, if steroid injections don't work, then surgery is the only thing that will.

Good luck

Last edited by brook65; 10-09-2006 at 01:41 AM.

 
Old 10-09-2006, 08:09 PM   #6
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Re: CTS and workers comp....

Thanks to everyone for their advice.

Well, I called a lawyer today. She was on vacation, so I spoke to her assistant. She told me that if the doctor recommended surgery, then the worker's comp has to pay for it. I then called the workers comp people. Now they are saying that since my doctor never gave them the information from my visits (such as his comments on my CTS), they have to make their own conclusions, and they say that I do not have CTS and what I do have is bilateral lesions that are not due to a repetitive injury caused from work (even though the neurologist told me after the NCV test that I had CTS). And they are also saying that under Louisiana law, the employee has to be working with the company for 12 months, therefore she said that my injury is caused from my previous job (even though I was unemployed and a full time student for 11 months before starting at this job). But, they considered it a job related injury when they were paying for my therapy, time off work, and sending me to one of their doctors. The lawyer assistant said that the employee does not have to be with the company for 12 months. If an injury happens the first day that person works there, than workers comp has to cover it. Anyway, I made an appointment for next week to speak to the lawyer. Hopefully I can get this all worked out.

 
Old 10-10-2006, 03:58 AM   #7
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Re: CTS and workers comp....

Hi - this is a really difficult one. The fact that you have only worked with this particular company for 12 months, could cause this to be a difficult one for you.

The problem is CTS can take years to develop, so they are right in saying that your last job would of contributed, or even started during that time.

I had a similar time myself, I used to be a temp typist for years, working for different companys, so for that reason I could not sue any particular one.

This is going to be frustrating, but if you have a good lawyer, she will advise and guide you well.

Make sure that you demand that they give you a test, to prove that it is CTS and not the other they suggested.

Best of luck

Last edited by brook65; 10-10-2006 at 03:59 AM.

 
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