Legal Question in Workers Comp in Missouri
I made an appointment with an orthopedic doctor after work comp doc basically denied the pain in my finger's wrist's and elbow were not work related. I have all the classic signs of carpal tunnel. My work demands using my hand's at very fast speeds with only two 30 minute breaks within 10 hours sometimes eleven. From 10:30 pm till 3 am, we have no breaks. I'v worked at this job since the end of March. After a month and a half of working I started having a numb, tingling feeling in my right hand an hour after falling asleep. I'd get up and try to shake it away. A month later my other hand started doing the same. Went to their work comp doc who after taking an electrolysis test on my hand's told me " well, you may have the beginning of CP. He asked me if I smoked, tried to insinuate that my age could have played a factor or a previous job. I answered No to the smoking. As for my age, I am very healthy and strong. As far as my prier job, I was a health care nurse. So, he puts on my paper " pain not work related. So now, two months later after virtually little sleep and dealing with this also while working, along with loosing strength in my right hand, and pain in my thumb from the base up I went to see a doctor of my own choosing. I took my work comp doctor's paper with me. They did a test placing their finger on my nerve to see if the symptoms would start in my fingers and they did. My two end fingers aren't affected only my first two. They did a sensitivity test using a one and two pointed object and ran it up and down my finger's. My tips is basically where the numbness lies. Not sure if she even started at the tips. Anyway the doctor rated me at a 5 and said that was good with only a small area where he detected little sensitivity. I am to go back in a month to have a nerve test done. I showed him the paper that the work comp doc filled out stating that it wasn't work related with hopes, that he might state otherwise which, he did not nor did he make a diagnoses of CPS. He gave me braces to wear on my wrist's and hand's for now while sleeping. which, I must say have helped with sleeping. He stated that he didn't want to do surgery unless it was really necessary. My concerns are that my symptoms are only going to get worse. I drop things, the weakness. I can't wear the braces at work because I wear wire gloves and they won't snap with them on. Maybe I'm just not too trusting of doctors. Did I go about this the right way ?
3 Answers from Attorneys
Lawyers aren't doctors. Are you a doctor? You seem to have diagnosed yourself, and now frustrated that two doctors haven't yet concurred with your self diagnosis.
I am sorry that you are having pain and numbness. It is often easier when we can have someone else be responsiinterferes wwi ible for our medical care, such as with Workman's Compensation. But, not every ailment we suffer is a clear work comp injury.
You asked if you have done things right. Are you asking if you have gone about trying to relieve the pain and numbness you 're experiencing? That is a question to ask doctors not lawyers. It does seem that you're in a Quandary. Your doctor tells you to wear a brace, that interferes with your safety equipment. It may be that you need to ask your employer for an accommodation that would allow you to use your braces. I
If the ailment you expedience is disability, the employer may be required to make reasonable accommodations. When you go back to the doctor, ask them for a diagnosis, and if they believe it creates a handicap for you to continue doing this work. Then look into how safety gloves might be modified to accommodate the brace.
If you you're not satisfied with the present orthopedic doctor, find another. If you don't like the work you're doing at your present job, find another.
If your next doctor believes that your symptoms are caused by your work, then you should consult directly with a work comp lawyer in your area.
Good luck
Common in workers comp. Deny. Deny Deny. Call my brother, attorney James Hoffmann, at (314) 361-4300.
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