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need help medical/legal

Posted by Ryt on 10/31/02 at 07:49 (098776)

i developed tarsal tunnel and workers comp said that it was work related--great huh?
well,
1. their doctor stated that the injury should cease after 1 month off of the job since i had been on this job for only 4 months. (i am on my feet 8 or more hours (sometimes double shifts )working on cement/wet/slippery work environment)
2. so workers comp has determined that the pain/injury should have disappeared and i should be healed. therefore they are only allowing to cover me for 30 days after i took leave without pay.(dec2001)
3. my doctor says that i need surgery.
4.the injury was diagnosed 10 months ago and i am still in pain;but needed to wait for decsion for insurance to pay.my doctor first tried alternative ways before surgery decision--which took over that month.
5.their doctor stated if i was not overweight, i would not have developed tarsal tunnel. ( but one of the nurses who gave me the nerve test weighted less that 115/size 6 and has tarsal tunnel) so workers comp consider this to be my fault also.
6.can someone help me.(medically and legally)
7. i have been off since that time with no improvement. i am usually not on my feet.

Re: need help medical/legal

Ryt on 10/31/02 at 07:52 (098777)

any advice/suggestions please send to me at: (email removed)

Re: need help medical/legal

Ed Davis, DPM on 11/01/02 at 20:35 (098972)

It is a tough call because we lack good data on exactly what occupational exposure can lead to TTS. Many jurisdictions view a 'lighting up' of a nascent condition to be as valid an occupational exposure as having to show that the condition was caused totally by the exposure. Need to pose this question to a worker's comp attorney in your state.
Ed

Re: need help medical/legal

Ryt on 10/31/02 at 07:52 (098777)

any advice/suggestions please send to me at: (email removed)

Re: need help medical/legal

Ed Davis, DPM on 11/01/02 at 20:35 (098972)

It is a tough call because we lack good data on exactly what occupational exposure can lead to TTS. Many jurisdictions view a 'lighting up' of a nascent condition to be as valid an occupational exposure as having to show that the condition was caused totally by the exposure. Need to pose this question to a worker's comp attorney in your state.
Ed