Pennsylvania Worker's Compensation - Help For Injured Pennsylvania Workers

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  1. #1
    Join Date
    Aug 2010
    Posts
    3

    Default Carpal Tunnel From Work, Now New Wrist Injury - Payment

    Hello, Had carpal tunnel surgery in March of 2009. Recieved WC for time off. Returned to work. In Jan of 2010 returned to Dr with more wrist pain. Now 3 torn ligaments and need ulnar shortening. WC will cover again but telling me at same rate of pay as original injury. This is a different injury,not carpal tunnel. shouldnt They recalucate pay rate? was told rate never changes but not the same problem, Confused???

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Carpal Tunnel 2009 Now New Wrist Injury - Payment

    If they are providing benefits/treatment under the org claim, the rates would remain the same as those in effect on that DOI/Date Of Injury.

    Only if you file a new claim, and it's accepted as compensable, would you be paid based on your current AWW/Average Weekly Wage.

    Probably good time to consult with an attorney. (?)

  3. #3
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,100

    Default Re: Carpal Tunnel 2009 Now New Wrist Injury - Payment

    If there was not a new accident/event, establishing a new injury would be difficult. Does your doctor say this is a new injury or just a progression of the prior problem?
    Timothy D. Belt, Esquire
    Helping injured workers in Northeast Pennsylvania.
    belt-law@belt-law.com
    www.belt-law.com

    DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.

  4. #4
    Join Date
    Aug 2010
    Posts
    3

    Default Re: Carpal Tunnel 2009 Now New Wrist Injury - Payment

    Dr. stated surgery for carpal tunnel successful. Now Torn ligaments result of reptetive use of hand, And long ulnar bone rubbing against wrist bone causing pain. Im a pastry chef so lots of were and tear on hands.

    Never "Reported" new injury just continued pain in wrist. Dont think one is related to other just both from repetive use.

    Thank you for the replies

  5. #5
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,100

    Default Re: Carpal Tunnel 2009 Now New Wrist Injury - Payment

    If repetitive use injury, date of injury would be last day worked and you have up to 120 days from the last day worked to report the injury.
    Timothy D. Belt, Esquire
    Helping injured workers in Northeast Pennsylvania.
    belt-law@belt-law.com
    www.belt-law.com

    DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.

  6. #6
    Join Date
    Aug 2010
    Posts
    3

    Default Re: Carpal Tunnel 2009 Now New Wrist Injury - Payment

    still alittle confused. Had surgery for carpal tunnel march 09. Returned to work. Disgnosed with torn ligaments 1 27 2010. Have been working since. Surgery scheduled for 9/7/2010. Told by insurance company I will be paid same amount as original claim for 2009. also injury date for second claim is same as first. After reading horrer stories on here am I better off just accepting payment form 2009 or should I file new claim for new injury? making more money now than I did then so would be a higher rate then previous claim. Afraid if I try to open new claim they will not cover at all!

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Carpal Tunnel 2009 Now New Wrist Injury - Payment

    If you are a maximum wage earner, for the TTD min/max rates, and there haven't been any changes to those rates in the last year, your higher AWW/average weekly wage now won't make any difference.

    The confusing part here is, you returned to work post treatment/surgery for the CTS, and now claim ''torn ligaments''... is this the same body part/area you were treated in the prior/org claim...?
    As you did RTW, this may or may not be a new injury and claim, generally however, aggreviation to a prior injury would be a new injury and claim. There are often too many variables in a claim to tell exactly what the situation is based on IW info on a message board. That may be the case here.
    You could just file the new injury/claim and wait for the determination of compensablity in the prior claim, or a new one. Don't know that it would make any difference.

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