A community of 30,000 US Transcriptionist serving Medical Transcription Industry

workers comp - sm

Posted: Apr 21, 2011

Anyone know how to write an appeal letter? I was denied by the judge, even though my doctor said I have wrist and hand tendinitis due to typing for 16 years. Wow, i'm devastated, not only am I hurting, but financially a wreck. Anyway, I am writing an appeal to the board and have no money to visit a lawyer, wondering what goes in an appeal letter. Any help greatly appreciated. TIA

I would get proper legal advice. Plenty of free legal - aide counseling out there, anon

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Contact an attorney.....sm - mb

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Most attorneys who deal with Social Security Disability appeals will represent you for no money up front because they get paid by collecting a portion of the settlement you receive from the SS when your appeal is approved. They will review your case and tell you whether or not they think you can win and if they don't think you can win, they won't accept you as a client.

workers comp - Disabled gal

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Google "Binder and Binder." They are a large nationwide law firm that helps people with disabilities. I really would not try an appeal by myself. You need legal counsel or they will drive right over you.

May years ago worker's comp stopped considering - sm

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carpal tunnel, etc., a condition they would pay for. Good luck, but don't think you will get very far.

You might check into the judge, too, just in case - you can get a new one. Positions

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across the country have been packed with business-friendly goverment-program-adverse judges, including workers comp boards.

sm - op

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I really don't understand the reasoning behind not providing coverage for those of use who obtain an injury related to typing. Is it because we are women? I am severely limited, I can no longer work on a computer without aggravation and pain. I really thought I had this case in the bag as my doctor stated it was related to my job. I cannot bring any more money in at this point and my husband makes 12 an hour. I am so depressed, we are sinking financially and I need treatment for my hands to get better. I also sought a lawyers advice, and his response was the same, "carpal tunnel cases are hard to win."

When IT became big - WC-MT

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Once computers became all the rage and they were found in most households, the ability to claim carpal tunnel as a WC disability was lost. You would have to prove that you ONLY use your hands on the keyboard for work, which is hard to prove and not likely to be true in many, many cases.

Were you and IC? Because if you were an employee you might have had a case for at least short term disability to get the corrective surgeries and rehab.

Sorry to break the news to you, but I agree your age and the fact that it's next to impossible to win a carpal tunnel case means you will have to find other options.

WC - What is the diagnosis

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There is a different in tendinitis and carpal tunnel syndrome. The OP said her case/claim was for tendinitis and other people are saying carpal tunnel is hard to win. Since workmen's comp is state based, it could be harder to win in some states than others. I know someone who just has CT surgery on both his hands and it was/is being covered by WC in Cali. I would rather have my doc diagnosis it as CT than tendinitis, since once the inflammation of the tendons is cleared up you no longer have a disability. Once you get carpal tunnel it does not go away and if you continue the repetative motion it gets worse. Going back to it after a length of time does not get rid of it and once you start the repetative motion again it is still there. I am thinking the diagnosis of tendinitis may be what lost it for her. I too would consult an attorney, workman's comp cases are repesented the same way as disability cases, on a contingency basis. If the attorney thinks you case can be won, they will take it knowing they will get a % of the settlement.

I'm thinking they'd say your posture was off and that caused it. - wrong/right cannot be proven. NM

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I have carpal tunnel syndrome - sm

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I had surgery many years ago and it still acts up now and then. I realize you said you have tendinitis, but you might try what I have to do. Take plenty of breaks, shake your hands out often. You mght try some splints at night. It might help you out.

carpal tunnel vs tendinitis - sm (OP)

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I have the classic tingling and burning as well, so when there is swelling due to over use, it presses on that nerve. So far I have had nerve conduction studies and x-rays, twice, both normal. The muscles in my thumbs are completely eaten away so I also have atrophy at the bases and trigger/contractions.

This is why I need continued care, at least short-term to figure out the problem and resolve it once and for all. The worker's comp was supposed to help with that, but the judge denied me :( The system has completely let me down here, as my doctor emphatically stated it was due to my job as a transcriptionist and the repetitiveness for 16 years.

As someone said, when you represent yourself, you are completely run over. A lawyer refused to take my case because of the slim chance of winning. The independent medical examiner and the insurance company lawyer basically LIED in front of the judge, and I was completely side tracked by that having to defend myself. I thought we would all go there and tell the truth, and things would be rosie and such. No! I am getting more steamed by the minute. The IME stated I do have tendinitis but it was not due to work, but "something else that has not been discovered yet, could be thyroid, autoimmune, etc" and the judge took his side over my own doctor whom I have seen numerous times and said "It is related to her job as a transcriptionist" I just don't get it at all. The judge had all my medical records, I have seen a rheumatologist for blood work, no evidence of rheumatoid arthritis in the blood stream, x-rays show normal bones, no evidence of arthritis, my thyroid tests were normal I get them every year. So why did the judge side with the IME on this one??

This is why I am going for the appeal. It is a board of three people who can look at the obvious evidence and rule in my favor.

Nerve conductions - Heavansfairy

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Just because your nerve conduction studies have been normal, it doesn't mean that you don't have carpal tunnel. I had bilateral carpal tunnel releases about 6 years ago. My nerve tests were completely normal but the surgeon said that if I had waited another year before having surgery that I would have had nerve damage for sure. I also have thenar atrophy. I belive my carpal tunnel is back with a vengence but I am afraid of going to the doc because I am afraid of hearing those words that I can not do this type of work any more.

Best of luck on the appeal, OP. Time to study the case - law in your state, the EXACT wordings

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of all applicable statutes, etc. Run it all by your physician in case that would result in a more specific letter. Which specific words are used in what ways is critical in legal matters. Get letters from all specialists specifically addressing all issues raised.

Of course you should have an attorney, especially on appeal, loathsome as paying out a large contingency percentage would be. A lot of attorneys are scrabbling for work now, though, so perhaps you could negotiate that down? Good luck again.

When a family member went to trial on a phony DUI recently, though, having a respected and well-connected attorney made a real difference. The court was bent, the police lied, lack of ANY evidence at all was ignored, and she hadn't had anything to drink. We know that; we were there that evening. It's all a real money-maker for the county, plus various involved businesses. Politics are also heavily involved in how its judges rule, justice at best a secondary consideration. Winning in her case was that the judge allowed her to agree to a no-contest since going to trial was just too risky with local elections coming up. The whole thing only cost about $10,000 all told.

And, yes, reps do lie. Any for-profit company (and nonprofit for that matter) involved in healthcare makes money by not providing it. With drastically increased costs for everything pushing down profits, their reps have to work harder to keep them from having to pay out. That's their job, even if its written description reads entirely otherwise.

I'm not running on like this for you so much, since you've been there, as for others who haven't but have supported the anti-employee and anti-citizen trends that have brought us to this point. We are The People, not the resource to be worked and shoppers to be milked we've allowed ourselves to degenerate into under our own laws.

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