• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Denied Worker's Comp & Fired

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Kazoo

Junior Member
What is the name of your state? Michigan

I am 44 year-old woman.
I worked for a self-insured company for 7 weeks doing repetitive heavy lifting. The pain became unbearable, and informed employer. Went to Dr.'s and diagnosed with Tendinitis in elbows, muscle strain in neck and tested positive (EMG) for Carpal Tunnel Syndrome in both hands. Went through physical therapy for the past month and neck is somewhat better; tendinitis in one elbow is still in pain and my hands and wrists are hurting and going numb. Given wrist splints to wear while sleeping(not helping much).

Worker's Comp denied me medical and lost wages(saying I only worked for 7 weeks--not enough time to develope CTS) and was just informed that I have been fired from job because I have to be able to lift more than restricted 10 lbs. I did not ever have symptoms of CTS before I started this job.

Called Michigan Worker's Comp and they sent me a form to fill out for "Mediation or Hearing." Should I just fill out and return or should I call an attorney?

Does anyone know if filing this myself with state will do any good?
 


Beth3

Senior Member
I can understand the tendonitis and muscle strains, but carpal tunnel from 7 weeks of heaving lifting? Honestlly, that's almost impossible. Even if you had done repetitive heavy lifting for 10 years, it's extremely unlikely you would have developed CTS as a result.

Occupational medical science for the work environment causations of CTS has advanced considerably in recent years. If the WC carrier is denying the CTS portion of your claim, they likely have solid medical evidence to back up their decision that the job could not have caused CTS in seven weeks. They still would be on the hook for the elbow tendonitis, muscle strain in your neck, etc. for medical bills and lost wages due to those problems.

You were not eligible for FMLA; there is no reason I can think of why the employer could not lawfully discharge you when you were no longer able to do the job - and clearly, you're not cut out for this kind of work.

Whether you want to speak to a WC attorney before proceeding with your appeal is up to you. Consulting with an attorney wouldn't be a bad idea.
 

Kazoo

Junior Member
Seen Physiologist today. She said it is rare, but still possible to develope CTS in that short of time. I still do not know why I was denied WC since I still have the Tendinitis. Wouldn't they still be liable for that? Does anyone know if Tendinitis is compensable under WC?

Even if I had CTS before this injury(which I didn't), would it be covered?

Michigan law states that if I receive an injury from work that aggravates a pre-existing condition, it is covered under WC.
 
you will lose nothing by consulting an attorney. they might even get MIOSHA involved. for example there might be a problem with the way your workstation is set up. I was required to lift up to 220 lbs at amy give time, sounds redicilous but perfectly legal good luck
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top