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  1. #1
    Join Date
    Mar 2013
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    5

    Default Work Comp Trying to Get a Second Opinion

    Hello,
    (am currently on workers comp)
    I am new to all this so if I sound stupid please forgive me. I work for a major motor company and over a period of time(9 months) I got carpal tunnel and trigger finger. Back in September I received carpal tunnel and trigger release surgeries(both on the same hand at the same time). I started minor PT for it, only a couple weeks. My trigger finger began clicking, and mild discomfort. So the dr injected me with something to try and make it stop. It didn't. So after another couple weeks he suggested surgery. I did not want to do it, but he said it was the only way to fix the problem. It didn't, my finger is still clicking and I still have discomfort. All this time I have been going to PT. Ok so heres the problem. when I started my job my Grip strength was 135 lbs. after surgery it was around 20. it is currently 60 lbs and has been for about 2 months, even with PT. My last dr visit he asked me if the PT was doing anything for me that I couldn't do at home. and I said no. So he didn't renew the PT. Oh and I am not having any symptoms of numbness or tingling so the dr said that since I don't have that then the carpal tunnel and trigger finger have nothing to do with the major loss of grip I have sustained. they scheduled me an appointment with a neurologist to look at my arm, for he thinks something else is afoot. Well the appointment is a long way away. May 28th. Workers comp wants me back at work, I want back at work. but I am not going to jeopardize my future because work comp wants me back at work. They have recommended a second opinion. Well here is my complaint. This dr that I am going to go see(april 4th) knows nothing about my case. I have heard stories about these dr's in Memphis(where they send people to their doom) that once they go they are released to work. I don't mind going back to work(when I am healed), I just cant do my job. They cant put me on restrictions because I have exhausted the restriction time and would send me right back home. I guess what im trying to say is. If I go to this second opinion and he releases me back to work. is my other dr's original diagnosis of going to the neurologist nill and void? Original dr was also saying if the neurologist thing came back he would send me to the Test to determine partial disability(don't know what its called). im sorry, if this is confusing. Please any help would be helpful. TY

  2. #2
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: Work Comp Trying to Get a Second Opinion

    when competing medical evidence and opinions exist the issue may have to be decided by the work comp board.
    denying benefits without medical evidence would open the carrier to penalties.

  3. #3
    Join Date
    Mar 2013
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    5

    Default Re: Work Comp Trying to Get a Second Opinion

    also should I attain an attorney?

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Work Comp Trying to Get a Second Opinion

    Well here is my complaint. This dr that I am going to go see(april 4th) knows nothing about my case.
    This would be an IME/Independant Medical Evaluation... that's the point, getting an opinion by a Dr you have not treated with before...

    The whole point of WC is to get you back to work as soon as possible....
    I don't mind going back to work(when I am healed), I just cant do my job.
    MMI/Max Medical Improvement means your condition isn't expected to change, better/worse in the next year. Of course it is possible for you to improve.
    You may or may not be able to peform your pre injury job functions. Your ER would have to address the possibility of other jobs for you.
    They cant put me on restrictions because I have exhausted the restriction time and would send me right back home. I guess what im trying to say is. If I go to this second opinion and he releases me back to work. is my other dr's original diagnosis of going to the neurologist nill and void?
    Can't tell... the IME will opine on the necessity of another/neuro opinion.
    Original dr was also saying if the neurologist thing came back he would send me to the Test to determine partial disability(don't know what its called)
    You'll be evaluated for PPD/Permanent Partial Disability, your current TTD/wage replacement will stop and PPD indemnity will begin, a predetermined number of weeks payments based on your PPD rating.
    Yup, at that point you will be released to return to work, could be another job entirely, or no job at all. File for UI benefits and look for work you can do within any permanent restrictions.

  5. #5
    Join Date
    Mar 2013
    Posts
    5

    Default Re: Work Comp Trying to Get a Second Opinion

    Thank you so much. I do not want to have the PPD on my record, but I guess if that's the case then oh well. Thanks again. ill let you know what goes on after the appointment so I can get further advice

  6. #6
    Join Date
    Apr 2012
    Posts
    82

    Default Re: Work Comp Trying to Get a Second Opinion

    One of your questions was should I get an Attorney < THE ANSWER IS YES YES YES

  7. #7
    Join Date
    Mar 2013
    Posts
    5

    Default Re: Work Comp Trying to Get a Second Opinion

    Quote Quoting susu View Post
    One of your questions was should I get an Attorney < THE ANSWER IS YES YES YES
    any reason why? I called and made an appointment for one. But I thought they only helped you get work comp, not if you are already on it. I just don't know my rights. I know work comp likes to bully people and have their own dr's.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Work Comp Trying to Get a Second Opinion

    I just don't know my rights.
    Thats the best reason of all... an atty would review your claim, and provide the legal advice you are asking for.
    There is no cost for atty consultation, fees would be taken from award of future benefits.
    . I do not want to have the PPD on my record,
    The best result of the comp system is you treat, recover and return to work. No PPD...that is the ultimate goal

    But...if there is No PPD/impairment due to the injury, there are no cash indemnity benefits due...no cash settlement.

  9. #9
    Join Date
    Mar 2013
    Posts
    5

    Default Re: Work Comp Trying to Get a Second Opinion

    Quote Quoting BvIA View Post
    Thats the best reason of all... an atty would review your claim, and provide the legal advice you are asking for.
    There is no cost for atty consultation, fees would be taken from award of future benefits.The best result of the comp system is you treat, recover and return to work. No PPD...that is the ultimate goal

    But...if there is No PPD/impairment due to the injury, there are no cash indemnity benefits due...no cash settlement.

    Well I don't foresee my hand getting any better. Grip was 135 now its 60. been that way for 2 months.

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