Legal Question in Workers Comp in California

WC denying work related injury

injured neck/shoulder/hands in warehouse of Disney. Determined by EMG that hand(s) problem was carpal tunnel. Will only address neck/shoulder which consists of pain meds and with restrictions job can only accommodate me in repeatitive hand jobs. NEVER had problems with hands before this injury. Can I get them to address all or am I SOL? They sent letter saying not eligible for disability paymehts because it was not work related yet still out on medical. Confusing situation especially having never dealt with WC.


Asked on 4/01/07, 7:35 pm

3 Answers from Attorneys

Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: WC denying work related injury

There has been a great deal of controvery regarding nerve conduction studies and what they mean. The first issue you must address is whether the doctor who performed the diagnostic is qualified to make such a determination. Many times such studies are added on just to pad the bill. If the physician who performed the test is not your treating physician, then you have a pretty good indication there may be problems.

At this point you should probably seek representation. Let's hope you do not have a history of diabetics in your family.

Prodecure is to object to the report and proceed to a Panel QME and get a second opinion.

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Answered on 6/07/07, 2:18 pm
George Shers Law Offices of Georges H. Shers

Re: WC denying work related injury

You probably need to retain an attorney specializing in Workers' Compensation cases since there is a medical dispute as to employment causation. Attorney gets a percentage of what you recover [about 10%]. All the injuries will be part of your claim. You can apply for State Disability while not collecting WC but will need to pay it back if found to be from your work.

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Answered on 6/01/07, 1:21 am
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: WC denying work related injury

We have a lot of Worker's Compensation cases involving Carpel Tunnel syndrome. Insurance company often dispute that this condition is work-related. In most instances they are wrong and in some instances it will be determined by an expert (generally AME examiner)to allocate a percentage called an apportionment. Your claim involves many factors such as nature of your present and prior jobs and how long you have been working at the present and prior jobs and etc.. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 6/06/07, 9:35 pm


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