Massachusetts Worker's Compensation - Help For Injured Massachusetts Workers

• Massachusetts Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• Massachusetts Worker's Compensation Resources - Links and resources for injured workers.

Page 1 of 3 123 LastLast
Results 1 to 10 of 22
  1. #1
    Join Date
    Feb 2008
    Posts
    11

    Exclamation Work Injury Causing Ulnar Nerve Entrapment

    i live in ma. fell at work broke my wrist. and have ulnar nerve entrapment at the elbow. i have been seeing my doctor now for about 7 months.the first emg came back neg. he sent me for a repeat emg and came back positive for lesion at the elbow. two days befor i saw my doc i saw the IME doc who spent 15 minutes with me during the exam. then i went to see my doc 2 days later to discuss the emg report. he reccomended surgery and submitted to workers comp. then i find out today that the surgery was denied by workers comp because their IME doc said i didnt need it. How is a doctor who has seen me once for 15 minutes suppose to decide if i should have surgery or not oppose to the doc that has been seeing me for 7 months?
    what do i do now?
    Any input greatly appreciated. And thank you in advance

  2. #2
    Join Date
    Dec 2006
    Posts
    2,169

    Default Re: What Do I Do Now?

    Brat, did the IME have the most RECENT EMG report that documented the ulnar abnormalities? What EXACTLY does the IME say/opine is the "BASIS" for not recommending surgery?

    If the IME did NOT have the current EMG report, then his opinion is NOT "substantial evidence" should you need to have a HEaring on the matter , and have a WC JUDGE make a determination.

    ALso, make SURE that yourPTP has a COPY of the IME report, and have your PTP write an extensive report REBUTTING the IME's opinion. Your PTP MUST support his opinion on SCIENTIFIC EVIDENCE...peer-reviewed scientific articles that substantiate that when a patient has certain EMG findings, coupled with the clinical presentation, the OBJECTIVE findings on exam, that the SCIENTIFIC EVIDENCE supports that these patients should undergo surgery (sounds like ulnar transposition surgery your PTP has recommended??) Do you have Carpal tunnel too? Not uncommon with ulnar injuries..

  3. #3
    Join Date
    Feb 2008
    Posts
    11

    Cool Re: What Do I Do Now?

    thank you for replying. I do not believe the IME had the new EMG report , but i did tell him verbally what was found and his statement was "so the first one was wrong and the second one was right". and no i havent recieved the report from the IME doc. i just learned of this today from the doctors office. This is the second IME doctor i have seen the first IME doc also thought it was ulnar nerve prob. i saw him at the end of july 07. so now my doc and the first ime doc agree but the second ime doc doesnt. he only saw me for a total of 15 minutes and the only thing he did was ask questions and measure rom in wrist in one direction. where as the first ime doc spent 1 full hour doing an exam and was hands on the entire time.
    i have been out of work now for 9 months total and being a nurse i am useless without my right hand. numbness and tingling constantly and very limited rom in wrist. i dont have a lawyer yet i think it might be time to get one!!!!

  4. #4
    Join Date
    Dec 2006
    Posts
    2,169

    Default Re: What Do I Do Now?

    Brats, if the new IME did NOT have the benefit of seeing CONFIRATORY RESULTS on the recent EMG upon which your PTP recommended surgery, then the IME report is NOT SUBSTANTIAL EVIDENCE.

    Start calling arond for consults with experienced CERTIFIED WC attorneys in your area. AND, when the IME report issues, make SURE that your PTP gets a copy, and MAKE SURE he writes a report REBUTTING the IME's "opinion", for all the reasons stated above.

  5. #5
    Join Date
    Feb 2008
    Posts
    11

    Cool Re: What Do I Do Now?

    when i talked to md today they said they contacted w/c to tell them to send the emg report to ime doc she said she would but it takes w/c forever to do anything, i am just so stressed. i asked the ime his opinion of what he thought when he said he didnt think it was the ulnar nerve. and of course he coulndt give his opinion. am i entitled to recieve the report because i recieved it from the first ime. but have yet to recieve anything on this one.

  6. #6
    Join Date
    Dec 2006
    Posts
    2,169

    Default Re: What Do I Do Now?

    Yes, I believe as an unrepped IW, the IC should serve ALL medical reports on you, particularly when you REQUEST that you be served. If you had an attorney, the IC would have to send/ (serve) your attorney with ALL medical reports.

    CYA and write letter to your CA, requesting that you receive a copy of the IME report when it issues, and ALL medical reports in their possession, and that this is an on-going request for all FUTURE medical reports received by the CA.

    Meanwhile, START CALLING ATTORNEYS.

  7. #7
    Join Date
    Feb 2008
    Posts
    11

    Smile Re: What Do I Do Now?

    i will do that and thank you very much for all your help it was greatly appreciated. i will call tomorrow to get report and meet with attornies. again thank you very much!!
    Heather

  8. #8
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,341

    Arrow Re: What Do I Do Now?

    Follow CS's excellent advice and don't worry, its what usually happens with us poor injured workers. Once the proper proof is presented to the judge you will get your surgery!
    Good luck to you and as a side note, I know how you feel as I had similar wrist difficulties as a result of trauma of the wrist and the surgery was very helpful!!

  9. #9
    Join Date
    Feb 2008
    Posts
    11

    Default Re: What Do I Do Now?

    thank you for your input.
    I contacted the lawyer handling the other part of my case he is going to set me up with someone from his office that handles w/c. but he did talk to adjuster and they did recognize that the new emg report never went to that ime doc. so they are forwarding it over there to him.but i guess his ime report said i could go back to work light duty but my doc hasnt released me back to work yet. do i have to go back? i am afraid they are tring to get me back to fire me. any advice?
    i spoke with my employer just a few minutes ago and thats what she said but i havent heard anything other wise.

  10. #10
    Join Date
    Feb 2008
    Posts
    11

    Default This Is Worst System Ever!

    i live in ma.
    fell in may of 07 broke my wrist and have ulnar neuropathy at the elbo. had all tests done and md says i need surgery. my md tries negotiations with W/C and of course they wont budge. they want to pay him 540 for surgery. He wont except that so now what do i do????can the md do that he excepted w/c payments all this time i am just dumb founded. any advice would be helpful. UHHHHH i just need to scream. sorry. anyway thank you in advance.

Similar Threads

  1. Ulnar Nerve Injury
    By HEB500 in forum Disability Benefits
    Replies: 7
    Last Post: 01-11-2010, 01:49 PM
  2. Ulnar Nerve Entrapment
    By Lynn in forum Medical Issues
    Replies: 6
    Last Post: 11-02-2009, 08:25 AM
  3. Ulnar Nerve
    By usimenko in forum New Hampshire
    Replies: 1
    Last Post: 10-29-2008, 01:24 PM
  4. Ulnar Nerve Injury
    By TxMan in forum Medical Issues
    Replies: 2
    Last Post: 06-03-2007, 03:40 PM
  5. Ulnar Nerve Transposition/ RSD
    By marilyn in forum North Carolina
    Replies: 2
    Last Post: 09-14-2006, 06:23 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer