• 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.

Repetitive motion injury

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

krye

Member
What is the name of your state (only U.S. law)? NM

I worked for a company for almost 6 years and developed tendinitis from my fingers to my shoulders, and bi-lateral epicondylitis due to repetitive motion from constant typing. They sent me to a clinic that handles work injuries, and from there I was referred to a rehab dr, physical therapy, and a hand specialist. I was put on light duty and was allowed to work a 1/2 hour on, 1/2 hour off, and I was fired for B.S. a few months later. I had a functional capacity evaluation done (final visit to P/T) and I have a 10 pound weight limit. My arm specialist discharged me since I didn't want surgery because I spoke with some people at P/T who had the surgery done and they said the pain is gone, but they all ended up with less range of motion and more weakness. After the arm specialist discharged me, the rehab dr did also. I can't easily do things I used to be able to do i.e. holding a baby, getting dressed, picking up a frying pan, turning my steering wheel, etc.. Worker's comp cut me off since it was determined that this is as good as I'm going to get. The physical therapist said I should be able to squeeze off 60 lbs with my right arm and 45 lbs with my left. I topped off at 21 lbs/16lbs. Everyone who I've mentioned all this to seems to think that I should get an attorney, but I feel like there's no case because my job description said it entailed repetitive motion.
Also, the worker's comp adjuster called a few weeks after I was fired and said that they'd still be paying me. She explained how she would calculate my comp payments around my unemployment benefits and I emailed her proof of what my weekly unemployment benefits were. A few months later, she said she just found out I was on unemployment and that I lied by not telling her (she said all that in a reply to my original email with my benefit breakdown from a few months prior), and she is claiming that I owe back over $1000.00. I don't feel I owe it since it was a miscalculation on her part.

So do really I have a case and would I owe that money back?
 



Find the Right Lawyer for Your Legal Issue!

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