Dear Dena,

You don't know me, but quite a few TOSers in So. Cal. know me, and used to come to my house, before we had to move for financial reasons. But, when I got TOS, I was actually a work comp defense attorney (representing the employers and/or insurance co.s, mostly to dig out false claims, but frankly, I'd say 80% were all good claims, just had some red flags. There were some fraud cases, but they were - I mean to be frank here - REALLY fraudulent like someone with supposedly total disability is out there running multiple taco stands in L.A. and going to Mexico to buy the supplies and throwing around huge plats of produce... So I mean, BIG fraud folks, not simply someone caught walking to their mail box...)

But anyways,

my concern and point for you is you mentioned that you were waiting to see what your diagnosis is before pursuing work comp. Firstly, there is a general rule in work comp that unless you had some kind of accident (like a big auto, or dove in the shallow end of a pool - I mean BIG TRAUMA), then you have to consider that the single activity most people do in their lives is their work activities. When you think about it, and add up the hours, our work life totals the most. So judges consider, that unless there is real evidence, reliable evidence, of some other outside occurrence that caused "the injury", and that there was a level of disability, which only the attorney for you can figure out / explain to you, then an argument exists and is pretty much decided by the doctors frankly that the injury occurred due to the job. Or at least a part of it did, and is partially compensable. (There is no partial temporary disability, which may be of importance to you since you have family.) Or, if the injury is something that came up from the person's body, like rheumatoid arthritis, that at least in California, the attorneys and doctors then need to consider whether the person's job exacerbated or accelerated the disease process or the injury itself. Also, things like heart attacks and some other conditions are actually listed in the law as work-related as a "given" "presumption" and can't be fought - so even if the person was / is a chain-smoker, etc., a good attorney can have a 100% case, given the right facts.

So we come back to your situation. I see a history that would lend itself perhaps to some degree of injury - but I don't see anything you really mentioned that can be blamed 100% for your injury because you continued to work - thus proved you were not disabled by whatever you might have had happen as a result of cheering, etc., POSSIBLY, or even most likely, if you have the right facts, the right medical reports and the right attorney!!!

Next, your work is INFAMOUS for causing TOS as the movements are repetitive, the trays are heavy for food, etc. I've deposed so many waitpeople who got repetitive type injuries, and had 100% compensation. This, despite some findings of abnormal spine problems.

BUT, here's the big but - if you wait, and do not get to a proper doctor and have this identified as a work-caused injury, you risk so much. Disability - permanent $ comepensation - as a lump sum or later pension type payments - cannot be had by Social Security or even state disability. Permanent disability amounts are paid to compensate you for the losses that your job movements caused (resulting in injury) which now forbid you from certain jobs or groups of jobs. That is a BIG part of work comp - besides the medical care, future medical care rights, and I have in-home care now, as my TOS progressed. But waiting and leaving the boxes blank may really not protect you from the risk of later being barred from work comp due to delay, or something happening (like a car accident now) that causes a judge or doctors to disbelieve your current injury or extent of injury, etc. I guess I'm basically saying that there are so many risks to the path that you're taking, that I can only urge you - URGE you - to please get at least one free consultation from a work comp attorney in your state and if appropriate be referred to a TOS DOC (take your list of docs) and even try to call some of the attorneys and ask if they've ever handled TOS or other repetitive upper extremity injuries. The states and even areas of a state handle these things differently. This could be the difference between getting temporary disability while you sort out the doctors, OR, having NO income and NO job! You can be fired for non-attendance - possibly.

I can't and am not trying to give you legal advice here.

Just as an internet post, PLEASE do not go forward with your health situation without finding out your rights AND YOUR RESPONSIBILITIES in regards to having whatever is going on.

I did not get a true diagnosis I think for almost two years!

I have seen 29 doctors!

But I knew on the exact date - because of my training and all of the med reports I've read - that what happened to my right arm, neck, shoulder on that day was related to work, was abnormal, and possibly could lead to further problems.

Did I think that I would only work for one more year and then be bedridden and suffer pain that is utterly horrific? Nope. Not a clue on that one, dear.

In fact, I was still fighting to return to work for a very, very long time when I couldn't manage the usual daily activities of life...it took me a LONG time to accept this illness and my new life.

The first time I read about TOS, I cried! (I am not a crier.) I was SHOCKED.

There is a chance that you could have an ortho shoulder, disc, or something like really bad carpal tunnel - I mean, I can't imagine what you might really have going. BUT, you must get that attorney consult to protect yourself and your kids. Just the things you discussed here, if I were your attorney, I'd have to counsel you on how to present them if asked by a doctor, to avoid problems I could possibly see - but again, I'm not an attorney in your area, and gosh - there are so many risks here.

So I've been pretty sick and not able to post here, but your post has bothered me (concerned me, for you) so much that I had to get back on here and just give you my best.

Back to bed for me...and with all of my heart, I do hope it turns out you don't have TOS, but if you do, at least you know that HERE, you will be believed, and supported and given whatever information we share as friends.

I hope this doesn't sound harsh, as I don't mean it to be at all. I am in so much pain, it's really hard to post. Love meant.