[brmr19]

Does anyone know if a pension system can force you to have surgery for TOS. I just received word from my pension system that they delayed my case and want me re-evaluated by another one of their doctors. The last one knew I had no pulse in right wrist even before it got to shoulder height. He checked it three times, but did not write that in his evaluation. He just stated that I was taking the right steps in my therapy. He wrote in his report that I should be fine within a year. Well we will see what the next doc says. My surgeon suggested surgery for my right side, but wanted to wait till my left recovered more from the surgery. My surgeon had wrote a letter to pension stating that I was still experiencing symptoms and restricted my driving and lifting abilities, not to mention there is no way I want to wear my bulletproof vest yet. That would hurt me real bad still, since the straps for the vest ride right over the area that still hurts.

[tshadow]

Originally Posted by brmr19

Does anyone know if a pension system can force you to have surgery for TOS. I just received word from my pension system that they delayed my case and want me re-evaluated by another one of their doctors. The last one knew I had no pulse in right wrist even before it got to shoulder height. He checked it three times, but did not write that in his evaluation. He just stated that I was taking the right steps in my therapy. He wrote in his report that I should be fine within a year. Well we will see what the next doc says. My surgeon suggested surgery for my right side, but wanted to wait till my left recovered more from the surgery. My surgeon had wrote a letter to pension stating that I was still experiencing symptoms and restricted my driving and lifting abilities, not to mention there is no way I want to wear my bulletproof vest yet. That would hurt me real bad still, since the straps for the vest ride right over the area that still hurts.

As far as my legal reading in CA, no, no doctor or court or anyone can force you to surgery because there are life risks to surgery and only you can decide that. It is your right. Don't be scared - judges are usually nice people.

[brmr19]

Thanks, yes I know judges are nice. I have been a police officer for 19 years. Right now I am dealing with just the pension board, but it seems that they are not looking at this being work related. The years of driving, wearing a vest, and other issues can be considered work related. If they rule against work related, then % of disability goes way down and I would have to fight for more in court.

[nospam]

I believe driving with arms extended can be a major contributor to TOS. My TOS developed after taking a job where a lot of driving was involved. I was only able to resume driving after adjusting my positioning so my elbows stayed at my side.

[brmr19]

Thats where I am at now. I can only drive a few miles before it starts to act up. I am working on it. My problem at work was working the radar in car, the police radio and computer in car that was at an awkward angle. I did numerous reports in car which I believe was part of my problem. Also wearing a bulletproof vest, where the straps for vest went right over collarbone area.

[chroma]

IIRC, didn't you also heave up some manhole cover and injure something?

[Jomar]

Are you off work now, or did they place you at a desk job, or front desk?
My employer (manufacturing) had me be a receptionist/greeter for 6 months..headset -not holding the phone..

Were you ever in a car accident on the job? (or off)

We had a female police chief that was involved in an accident and got TOS due to a stretch injury - she was partially in/out of car when hit and thus the stretch injury as she was trying to pull herself to safety.

[brmr19]

no accident...the only thing documented was 1996 when a severe storm moved thru and while checking a house alarm, a large tree branch 10-12ft long 4-6 inch diameter snapped off and hit me in the head knocking me to the ground. My doc said my tos was years in the making and when asked about this incident, he stated that it was very possible that it could be the cause. Unfortunate for me, he would not put that in writing. I submited that report to the pension board.. No desk work at my dept. It is a smaller dept. and they won't give light duty work unless you have a timetable to return to full duty. I am on unpaid medical leave after spending a year on paid sick leave.

[Jomar]

Can you also apply for SSDI as well as the pension board?
Is the pension board like workers comp for police officers?

[brmr19]

it is like social security. in ohio, we don't pay into social security, we pay into pension system. I did work years paying into social security, before becoming a policeman and while being a policeman I worked an extra job. The only downfall is there is a law called the windfall exemption, so even if I tried to get social security because i have paid a lot into it, the windfall exemption only allows me to collect like 1/10th of what i would get if i did not have the state pension. so basically all the years i worked and paid into social security did nothing for me.