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Old 03-21-2010, 05:07 PM #11
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I have to admit that I had not been aware of neuro TOS, but will now add it to things I pay attention to in research.

The way humans use, and disuse, the body, and the changes wrought by these on our physiology, are going to become even more of a problem in the future, as you say. I recall how hearing loss claims often have to accommodate claimants who have spend many years of their lives going to loud rock concerts, NASCAR races and other hearing-damaging events. I won't even go into the pain I feel when I see someone texting . . . my CTS hurts bad enough that I am glad I never got started texting.

However, I feel that w/c should not be held responsible for conditions that existed before exposure to a work injury. Unlike rejecting pre-existing conditions entirely, however, w/c could adopt a system whereby the increase in disability and the need for current treatment related to work duties would be compensable . . . meaning your employer would not be on the hook for your years of gaming or tennis, for that matter, but would be required to fix what broke while you were working for them making them money. I agree with apportioning the resulting permanent disability . . . problem is without records documenting prior injuries, apportionment can be terribly arbitrary.
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My concern is for the young people growing up who are constantly texting, gaming, using a laptop for school and a computer for work. It had NOTHING to do with having an extra rib, or physical shape. It's about TIME.
I have to agree whole-heartedly . . . but if you know that several activities put undue strain on a particular body system, one still has the ability and choice to balance activities to alleviate some of the negative effects. It is like someone watching their weight limiting food splurges, or cross-training so that one's body is a balance of opposing muscle sets, and strenuous activity is balanced with relaxation and stretching.

I have to say I do understand living with nerves that seem to have devised their own system of miscommunication. Not peripheral neuropathy, according to my new neuro, head of an MS clinic, because of conflicting signs, but not yet enough signs to be determined to be MS. I am in the endless spin cycle of ruling out by testing . . . I am guessing because medicine is not the exact science we all wish it were.

Thanks for the enlightenment on neuro TOS. If you have posted or have links to articles about it, could you direct me to them?

And I want to let you know that I have researched ergonomics and the computer connection to injury . . . and Microsoft and many other developers have and are working to address this issue. I think with new evidence that gaming software is being developed to become addictive, it might be the software engineers we want to target next. How many times do we get upgrades that add keystrokes to our routine? I hate that . . . and bet almost everyone else here does too!
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Old 03-21-2010, 05:36 PM #12
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There was an immediate increase of such problems once the computer keyboard entered life's scene. Up until then, all typists were taught HOW to type correctly (keep wrist up, for instance) ... we typed for a hundred years without any such injuries. The keyboards came along and voila everyone thinks they can type. It's unfortunate indeed.

I know that Worker Comp attorneys read here ... and I know they read my stuff as most of the time my phone line is tapped. I'm just tired of having the phone company clear it... and with the technology available today, their system dumps as soon as the line is searched. But once the phone guy came out and the physical item was on the outside of my home line. They used to also open my mail, until the Postal service sent them a warning.

I'm permanent total in 2 key areas, for 24 years...and they still spend their money on watching me? It's just the lawyers padding their pockets, my attorney and theirs.

I hope you find relief. I truly do. My original wc attorney didn't believe I was injured, and told everyone so. Then, he realized I was and apologized to everyone BUT me... and then HE himself went on disability... haven't heard from him since but I do wish he is being treated the way he treated me. Ok sorry, I ranted. Sorry sorry. I'm sorry things aren't the best for you either. ((((hug))))
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Old 03-27-2010, 08:15 AM #13
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I have to admit that I had not been aware of neuro TOS, but will now add it to things I pay attention to in research.

However, I feel that w/c should not be held responsible for conditions that existed before exposure to a work injury. Unlike rejecting pre-existing conditions entirely, however, w/c could adopt a system whereby the increase in disability and the need for current treatment related to work duties would be compensable . . . meaning your employer would not be on the hook for your years of gaming or tennis, for that matter, but would be required to fix what broke while you were working for them making them money. I agree with apportioning the resulting permanent disability . . . problem is without records documenting prior injuries, apportionment can be terribly arbitrary.

I appreciate these follow up comments, but wanted to let you know that I took offense to your statement that RSI's (TS's TOS in particular) ARE NOT caused by computer use.

I think we should all be clear to write when we are reporting our opinions vs presenting them as a statement of fact.
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Old 03-28-2010, 01:34 AM #14
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I appreciate these follow up comments, but wanted to let you know that I took offense to your statement that RSI's (TS's TOS in particular) ARE NOT caused by computer use.

I think we should all be clear to write when we are reporting our opinions vs presenting them as a statement of fact.
I didn't say that use of computers, electronics, etc. are not the cause. The statement was that the computer caused the injury, when in reality, is the use of the computer caused the injury. A fine distinction, but an important one . . . i.e. chickens don't cause RSI's, but gutting them for 8-10 hours straight just might! Blame the injury on ergonomics, which are job related, and not the objects one works with, unless they malfunction and directly cause a traumatic injury, like falling over or exploding and causing burns.

I did not mean to sound like I was disputing the injury, but if you are going to fight a legal fight, it is better to know what the causation is, and assign it properly. A judge is more likely to find your RSI injury caused by the repetitive job duties you are assigned than by a piece of inanimate equipment.
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Old 03-28-2010, 12:46 PM #15
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Neither was I disputing your injury, and sorry if you took it that way. It's fact that RSI increased for those who hold their wrists improperly at keyborads for hours a day. But that isn't the only cause of RSI goodness no!

The system will torment you with lies and accusations. I agree that to find a cause and argue that is the good thing for you and your attorney to do. It happens.

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Old 04-01-2010, 11:26 AM #16
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Please be aware that posts here did not include congenital 3rd rib conditions to RSI and TOS.

Just turn over your keyboard and read the warning outload. What does it say?

Ergonomic keyboards, desks, chairs, voice activated, etc are only as good as they are taught. An ergonmic keyboard or voice activation software does not prevent injury. Long hours, over worked employees and employers who ignore warnings of each individual employee does. Workers comp is as responsible as the employer for not adhering to laws, and rules of engagement when the employer makes huge monthly payments for their *malpractice* insurance for protection.
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Old 04-02-2010, 02:51 PM #17
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Thanks Cyn.

You and I know so much about neuro TOS and intrachtable pain, as well as dealing with our own pain in order to read here, that I did not want to waste any time arguing about anything. I let others research and find it out themselves these days...

But what is lifetime medical worth if the adjusters constantly UR every treatment or pill your doctor thinks is necessary? The judges NEED to hear about these illegalities (when they don't follow their own process in black and white) and when the amount becomes frivolous and harassing.

If ONLY these adjusters KNEW how much it hurts to have this condition, and how hard it is to find the strength to live through another day. The pain - every day - hits a 10 and is horrific. I do everything I can to try to keep it down, but also to try to move my body by walking, if I can. Any movement, since my nerves are damaged so badly, immediately starts the swelling, pain, fire (RSD) result. The other night I woke up unable to breathe, with my hands and forearms on fire. It was all I could do not to begin screaming.

I know Cyn that you have had this.

I am seeking any other workers who have been abused by the URs.
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Old 04-02-2010, 10:46 PM #18
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I didn't say that use of computers, electronics, etc. are not the cause. The statement was that the computer caused the injury, when in reality, is the use of the computer caused the injury. A fine distinction, but an important one . . . i.e. chickens don't cause RSI's, but gutting them for 8-10 hours straight just might! Blame the injury on ergonomics, which are job related, and not the objects one works with, unless they malfunction and directly cause a traumatic injury, like falling over or exploding and causing burns.

I did not mean to sound like I was disputing the injury, but if you are going to fight a legal fight, it is better to know what the causation is, and assign it properly. A judge is more likely to find your RSI injury caused by the repetitive job duties you are assigned than by a piece of inanimate equipment.

************************************************

I'm sorry, I am a little unclear.

Do you actually believe that TS was trying to say her computer jumped up and yanked on her arm thus injurying her ? Or did you understand what she meant, but are choosing to make fun of her disability and difficulty concentrating/finding the rights words ? Or did you say that computer use has no effect on the development of RSI's and are now trying to back pedal ? Or are you really suggesting that your advice might be able to help TS, who is a lawyer and judge in this field, with her legal case ?
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Old 04-03-2010, 05:35 PM #19
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You know, I didn't even want to acknowledge it because it was so silly to say that.

It's sort of like saying, "that donut has my name on it." Now, we all know the donut does not really have your name written on it, it's just a turn of phrase.

Yes, the computer caused my injury. I WORKED on a computer. A sewing machine did not cause my injury. And I simply didin't have the energy that day to write it out in detail the mechanism of my injury - I thought it sufficient that I wrote I had an immediately accepted, admitted injury - so there is no judge who has to now try to figure out from my POST HOW I got the injury...we're splitting hairs here...

But when one has had this condition for as long as I have, my skin has grown thick, and I don't have to respond every time.

I remember two hand ortho specialists telling me there was no way an injury at my neck, (the thoracic inlet / outlet), could cause an any disability to my hand! What dumb, dumb docs.

And then my adjuster went doctor shopping when her first two docs said, "industrial injury, she needs treatment (and gave a long list.)" She then started papering me with appointments with other docs of the same specialties, and because my attorney was a real horse's behind and didn't take any action to stop her, I kept going to these multiple exams and had doctors tell me it was psychosomatic, etc.

Yeah, I went from earning a LOT of money, traveling all over to top resorts, and paying for my girls' college to decide to take a "vacation" and "pretend" to be sick...I think I am an honest-to-God best incredible specimen of proof that this RSI is NOT psychosomatic because of all of the goodies I had to lose in order to be sick. Not to mention my wonderful career - I LOVED it, and had NO educational loans!

Our country - in fact, the world, needs to accept that the computer ergonomics and additional office hardware and software, along with our LONG hours, ridiculous expectations of our bosses or national productivity, coupled with raising families and using home texting devices and machines, is TOO MUCH for some of us to handle physically. Like the canaries in the mines 200 years ago, we are dropping like flies and we are trying to say, "stop this insanity, or you might get sick, too." I got sick at 42. Long before I accomplished my later goals of political work and school board work. I had a lot more to give.

I give it to you guys now, when I have the strength, so if anyone gets hit by a Utilization Review where they are trying to chisel away your treatment, PLEASE EMAIL and PM me so that I can help you ASAP, as your doctor and attorney must act fast - these URs are timed, and we can't sit back.

I still haven't gotten any response to my pleas for media attention, but I will not stop. I have two articles written and ready for publication by the media. I am not seeking money.

There are two many injured workers NOT getting their proper care, and it's an injustice!!!


P.S. Last week I could barely talk or walk to the toilet. Today is a good day, but they are few and far between. I need everyone to keep fighting - the ins. adjusters WANT us to become discouraged and quit and use our Medicare or families instead of fighting to keep our work comp. So what if they insult us? Come here and we'll patch you back together.

Thank you so much for your support - all of you!

And don't be surprised if an ins. adjuster drops in here to lay a few word bombs...I am now positive we are monitored to see what we're up to. We're up to FIGHTING.
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Old 04-04-2010, 02:09 PM #20
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tshadow, I have a couple questions:

1) Is TOS caused only by computer/electronics use? (Rhetorical)
If so, why isn't everyone who uses these electronics affected?
2) Did the w/c adjusters you have worked with in your career make all their own decisions on the claims they handled . . . or did they follow the practices that their employer demanded in how they processed claims?

3) In your years as a w/c attorney, did you not see many cases where diagnosis was difficult and no amount of treatment remedied the condition?

I am not disputing your injury, or its cause by any means. But TOS, regardless of causation, is a difficult diagnosis, just like MS, because it can present a range of symptoms that also appear in other disorders. Nor am I challenging your right to be frustrated and upset with the whole utilization review and medical exam game that is being played out across the country every day to prevent spending money on injured workers. [Did you see the latest trend in "benefits denial" -- the contesting of unemployment by firms hired to delay or obtain denial of the newly unemployed? Link] I received many poor reviews and warnings from my employers in my years as an examiner for challenging clients' requests when they were contrary to the law. I actually lost clients from my desk because they disliked this upstart resisting their "deny first' mentalities. I would have taken this to the point of being fired on several occasions, but for the fact that my employers knew I was correct. My philosophy is and always has been to provide all the benefits the law mandated or allowed, and to push both injured workers and their employers to think outside the box for solutions.

Believe me, I am on your side. I just tend to promote that the most professional and well-reasoned approach is often the one that will get the ear of the judge. So, have your passion about this issue, but be careful that it does not work against you by lapsing into anger at everything and everyone. I would like to see you succeed. That is the only reason I challenged your description of how your injury happened. It was meant as an academic nudge, a suggestion that your argument will be stronger if there are fewer weak-links in it when it goes before a judge. Semantics are extremely important in law, which I am sure you know. Why rely on your audience's ability to translate what you mean when you can be more accurate and precise?

I know this is just a support forum, and we often use short-hand expressions here that we would sharpen up for the professional world. Sorry if it seemed I was nit-picking, when what I was actually offering was some help editing your argument. An argument that can withstand challenge is strong argument . . . and all I was trying to do was offer some of that challenge to help you in polishing your argument.

Not everyone on a message board forum like this will be an unquestioning cheerleader . . . some of us will always tend to want to help an issue move forward, and sometimes that is less than "warm and fuzzy." A doctor is not ignoring your pain when he orders yet another uncomfortable test . . . he is asking you to understand it is a necessary part of the process . . .
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