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Re: W.C. Hearing Results


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Posted by Melani on December 02, 2003 at 18:51:07:

In Reply to: W.C. Hearing Results posted by Copdaddy on December 02, 2003 at 18:01:53:

: I had my initial hearing between my employers atty and myself at TX Worker's Comp Commission. I have to admit, TWCC, really seems to take care of the employee and gave me tons of advice. The atty outright said they'd fight my claim because they can't risk every other city employee who might file a claim for carpal/cubital tunnel that is out there.

: He seemed to indicate that they don't dispute my condition being work related, rather, they are disputing my "timliness" in reporting it as work related. For those that remember, I had symptoms 2 years ago in the right/dominant elbow/hand but always thought it was due to weightlifting. I only recently filed it as work related since I never really considered that it was until recently. (Too long of a story to go into now).

: Anyway, they have a good point on the timely reporting issue. BUT, the left arm/hand was JUST diagnosed in Sept with an EMG so reporting that is timely. They are fighting that as well under the contention that it is an extension, or continuation, of the total "condition", and since I didn't report the "total condition" in a timely manner, the left arm/hand, falls under that guise as well.

: So, I don't know what I'll do. I can keep fighting it and take it to a judge. But I don't know that I want the headache. I have good insurance that has covered all expenses and I've had sick time accured that I used after my two surgeries. My real fear is the future and what could happen if they both get worse again. If I'm considered "disabled" in the future, I would have to face an early retirement. If I'm covered by the city's ins (W.C.) and become "disabled", then they'd cover me for life.

: Any suggestions?

: Thanks in advance and sorry for the long story.
: Steve

Steve thats exactly what I had to fight. The 30 day time limit, to report any injuries. They even tried to hold my personal doctors visits against me saying that I had made an informed choice to be treated by my own doctor. The judges for TWCC are fair so I had no problem getting over that dispute. My question is this Steve, will your personal doctor accept a work related injury? And its like you said, what happens in the future if your arm and hand gets worse. I totally understand your dilemma. I hope all goes well with whatever decision you decide. Good luck. Melani



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