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Old 04-08-2007, 09:51 PM #1
withmore withmore is offline
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Join Date: Apr 2007
Posts: 57
15 yr Member
withmore withmore is offline
Junior Member
 
Join Date: Apr 2007
Posts: 57
15 yr Member
Default Need advice

Hello~This site is amazing and I've read so much useful information. Now please advise.

I've had a (2)comp cases open since 2000 & 2004. I have an w/c atty and it seems that he's a TOS disbeliever. I have an appt on Friday to consult with another atty about this comp case because I don't feel the current atty has my best interest in mind but settling is what is really on his mind.

I was a dental hygienist and I've had 5 total surgeries 3 carpel tunnel (2/R 1/L) 2 ulnar release both on Right side. 2004 was the redo for the right hand and elbow.

Of course, I still had problems after the surgery and had complained of neck and shoulder pain throughtout this entire process and the orthopedics, my GP and a neurologist ignored it. (The neuro doesn't even have treatment notes of my visit but they billed the insurance company for my initial visit...then they didn't want to give me my records. Strange huh?)

After the last surgery 2004,I gave myself 6 mos, if not better get a new career. I had my MMI in Sept 04, my ortho was such a superhero I went from a "5" hand and "5" arm to a "2" for a rating on the Right arm. Has anyone ever heard of that before? He spent 2 seconds flipping my thumb up and down and said I was better than ever. I called t make another appt but they denied me even if I paid out of pocket. Do I have a right to go to another hand specialist for a consult? My atty said there wasn't anything I could do if e wouldn't see me but to get a form 42 and I never got one from him.

Coincidentally, I went to a different neuro later that month because of a dental procedure gone wrong (numb lip)and he noticed my hands were weak. Long story short, I've been diagnosed with TOS and probably never even needed the 5 surgeries according to the specialist.

Atty thinks settling for the hands is the way to go now and we are waiting for the thoracic specialist to state etiology as work related to DH.

If my hands are still weak what am I settling for? Because of a super ego I have a low rating and I had thenar muscle wasting in 2000 so you can imagine it now... but I'm a 2!

Wow after proof reading..I guess I'm in the angry phase.

Any ideas? Guidance?

Thanks for listening
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