[withmore]

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

[Jomar]

All I can think to suggest is do not settle yet!

You need to make sure all dx's are added to your claim-
and have a firm drs reports backing up the dx and the cause of injury

If atty won't follow this up get a new one - it's your life and future- not his!
Interview and ask around for good attys before signing one if you decide to change.

[ladybird1957]

What state are you in?? I am in WA and am a DH.I would not settle at least not yet...............depends on what the settlement is...It may already be to late as it was in April you wrote this. let me know.

[withmore]

I have a hearing coming up with the TOS diagnosis and etiology form Dental Hygiene. Still an ongoing saga....

[JD]

Hi there. I would not settle medical at all. Have you taken your figures to a CPA? Let a CPA compute current costs as paid by the insurance, costs that you would have to pay (full price) with inflation added in, and possibility of future surgeries etc. Have the CPA compute all these to your allowed age of expected death (insurance chart.) THEN you will have a good idea of how much it will cost for continued care. Good wishes!

JD