work injury

[Kgirl]

I live in Mi, work as an RN, injured my shoulder causing ongoing muscle, and nerve damage 2/2008, was off work initially for 1 mo, Dx repetive motion disorder w/a failed emg. Returned to work w/restrictions, was still having issues in May 2008, in which w/c decided to re-eval w an repeat emg, xrays and mri, they decided then it was degenerative and cut me loose with no explanation, my L shoulder has never healed, ongoing numbness thruout and I have not felt my index finger since initial injury (a PMR Md stated I could expect 1mm of nerve healing/day which I reoffend daily by working), I have learned to work around it, but my job requires extensive lifting of patients, sooo jump to this week I have reinjured my shoulder while getting out of bed, and I am off work for another week...????? as I cannot lift anything. Do I have any recourse with workmans comp 2' to that the injury was not taken care of in the first place, my job never offered a permanent lighter duty job, and is not interested in doing so since workmans comp dropped me,( I have been looking for a different kind of job w/less lifting requirements ) Any thoughts??? thanxs

[1171]

aggravations are considered new injuries. so your aggravation would not be considered a work injury.
you can appeal the denial of benefits on your prior work injury although there may be statute of limitations issue if you wait much longer.

you may have rights under ADA for failure to provide reasonable accommodation
http://www.jan.wvu.edu/links/adalinks.htm

[oblivyous]

FYI ....most insurance companies deny benefits and claim degenerative this or that as a way to get out of paying. To many people give up to easily .But if you have a reputable Dr who has treated you to give his opinion as to whether it was a work injury a hearing with a comp judge could start up your benefits. Might want to hire an attorney and let him deal with case managers and IC lawyers . be sure to act quickly as time may be running out if it hasnt already. If a Dr puts you on light duty and your employer cant accomodate you the IC will have to pay you benefits when ordered by a judge. Good luck and stand your ground.

[Kgirl]

I am coming to a crossroad and need to make sure all my ducks are in Shootin' range. as of my last post 08/01/09 I was formally diagnosed w/thoracic outlet syndrome in my L arm, L carpal tunnel, and ulnar nerve dysfunc???.....I returned to work as stated previously, and my 10# wt restriction remains. PT was initially a godsend, and helped to regain some lost mobility and I continue the exercises...Unfortunately relapses are an inevitable, and more recently I have been told I also tore my rotator cuff with damage to the acromion. I am to see an orthopedic surgeon to discuss my options, repair and/or first rib removal. Do I file a workmans comp appeal based on the newer injury, or by the succession of injury itself. I am told the surgical recoup time is long, thoracic outlet surgery is not always successful, and may require a job change, (I have been applying for jobs with less lifting to no avail). I want workmans comp to at least pay for my surgery and time off if necessary....in MI is that possible??????

[1171]

you would file a new injury if the recent symptoms/events were work related.
It's really a medical question. what do your doctors say?

[Kgirl]

1171 Wrote:you would file a new injury if the recent symptoms/events were work related.
It's really a medical question. what do your doctors say?

My PMR doc has said the thoracic outlet was a repetitive motion disorder and the inpatient work I do constantly aggravates it. I have had multiple MRI's and now only recently has my shoulder torn, I can't pin the deed to an exact day or event at work. I had asked him if the torn rotator cuff replaced the thoracic outlet syndrome diagnosis, as the primary diagnosis he states "no"

[Bad Boy Bad Boy]

I would suggest you get an attorney for good sound advise now. Would I appeal, yes I would, as you state you have the medical proof.

TOS, wow I know that hurts, as I was told I have this myself. I was warned about the surgery for it, and told by my doctor not my surgeon, to not have the surgery as you stated will remove the top rib. I was told to give it plenty of time, years in fact. Mine will move from time to time also, sending me down to my knee's in a flash of pain. But, has been getting better over the years, for it's not moving as much these days.

Well, the same nerves run around the TOS area also, and I was told the same thing from my doctor not to have the surgery, and just give it time. Well, my right hand and forearm are still numb, but over time, I had learned to work around it, and through it.

Give this some good heavy thought.

[1171]

the question is not whether the origiinal injury was connected to your work but your "relapse"? that's what will require supporting medical opinion.
how was that connected either to the duties at work or the work injury.
the connect has to be causal.

[Kgirl]

Bad Boy Bad Boy Wrote:I would suggest you get an attorney for good sound advise now. Would I appeal, yes I would, as you state you have the medical proof.

TOS, wow I know that hurts, as I was told I have this myself. I was warned about the surgery for it, and told by my doctor not my surgeon, to not have the surgery as you stated will remove the top rib. I was told to give it plenty of time, years in fact. Mine will move from time to time also, sending me down to my knee's in a flash of pain. But, has been getting better over the years, for it's not moving as much these days.

Well, the same nerves run around the TOS area also, and I was told the same thing from my doctor not to have the surgery, and just give it time. Well, my right hand and forearm are still numb, but over time, I had learned to work around it, and through it.

Give this some good heavy thought.

Check out the American TOS Assoc, interesting, site...
gentle exercises rx'ed by PT and light massage works for me, altho I don't think it will heal a RTC tear well, thanks for your input

[Kgirl]

:rolleyes:Can an employer demand a "release" letter from restrictions? I had a 10# lift restriction most of last year, initial letter sent to HR stated it was to last for 8 mos and re-eval to follow. Sooo wt restriction lapses, in Oct or Nov 2010, was re-evaluated by MD in Feb 2011. Was not really dscussed at appt as I have been largely treating TOS symptomatically and cannot adhere to wt restriction.. HR now tells me needs letter to lift restriction sent to employee health......for their records (I am no longer followed by them at all and all of my care is pd for by ME, they are the ones that had me kicked off WC in the first place.) If I do not comply I will be suspended. I had assumed wt restriction had "expired" and would have only resumed it prn. Suspicious or paranoid??? They have not made any of this very easy.....