Re: W.C. Hearing Results

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

Hi Steve
Think I might end up with a similar problem to yours. I had cts surgery before I took my current employment & now I'm about to claim that Cubital TS is work related.

My argument is that they knew I had that cts surgery when they took me on. They should therefore have ensured that my workstation, duties etc would prevent any exacerbation or recurrance of symptoms. If your employer knew of your condition, did they take steps to ensure that it wouldn't get worse?

My Cubital TS was diagnosed after a full-time co-worker left in June this year & hasn't been replaced. When I told them of my diagnosis they increased my manual handling duties! They refused to decrease them so I got the union involved & demanded to see an Occ Health doc. He has now removed me from any manual handling.

From what I've read, nobody can be absolutely certain as to what causes Carpal/Cubital TS. Over here, I think the emphasis is on proving that your employer neglected to either advise you of potential problems or failed to help you rather than what caused the problem.

I'm still in the very early stages of my research & haven't even seen my solicitor yet. Waiting to hear what the hand surgeon says first.

Will be interested to hear your updates though! Good luck.
Evelyn