Does my doctors' note not cover my wrists because it only came from my chiropractor?

[bergzoin]

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

Hello out there guys!

I have been doing as much research as I can on my case, but I am still scratching my head at just one thing that I cannot quite figure out. If anybody would be so kind as to help me, I would be forever grateful to them!

So I'll explain it like this..

1) I asked to be reasonably accommodated at my job for back, hip, and wrist injuries that I had sustained from my previous job.

a) I asked for an "ergonomic workstation."

2) They required a doctors' note to prove the need for accommodations.

3) I provided them with a doctors' note from my chiropractor, whom I was seeing for my back and hip injuries.

a) The exact words of the doctors' note read: "Prescribe a set up for ergonomic work station for XXXXX
XXXXXXXXXX to help him with his neck hip back pain as well as wrists. Evaluate work station."

4) When I got my ergonomic workstation, it only included a lowered keyboard tray, an ergonomic seat, and raised monitors.

b) It failed to include a split keyboard and ergonomic mouse, of which would have accommodated my wrists.

5) I asked why I was not given a split keyboard or ergonomic mouse, and they said that my doctors' note only covered my back because it came from my chiropractor.

So obviously the question is... was my employer allowed to refuse my wrist accommodations, because my doctors' note only came from my chiropractor, even though it specifically mentioned my wrists in the note?

I'm hoping there's an easy answer to this question, which is that of course they had no right to refuse my note! But I am no expert, and am having trouble finding much interpretive literature on the subject.

Please, if anyone out there has a definitive answer to this question, it would really, really mean a lot to me!

Thank you for your time,

Anonymous

 

[Ladyback1]

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


3) I provided them with a doctors' note from my chiropractor, whom I was seeing for my back and hip injuries.

a) The exact words of the doctors' note read: "Prescribe a set up for ergonomic work station for XXXXX
XXXXXXXXXX to help him with his neck hip back pain as well as wrists. Evaluate work station."

So, even though you admit that the prescribing Dr. for the modification is ONLY treating your back and hip--but he (and you) thinks that he can cover an injury/diagnosis that he isn't treating??

 

[bergzoin]

So, even though you admit that the prescribing Dr. for the modification is ONLY treating your back and hip--but he (and you) thinks that he can cover an injury/diagnosis that he isn't treating??

It's a really messy story all around, so perhaps let me explain some things using a recent post I made in another forum...

What was the diagnosis of the wrist condition, and how is it being treated?

I was diagnosed with bilateral wrist strains when I filed for workers' comensation at my previous job. I was given work restrictions until I reached MMI.

Evidently bilateral wrist strains are not considered bad enough injuries to warrant filing workers' compensation claims with the state, so... while my ocupational health services workers' compensation doctor requested a job site analysis to determine if my job caused my injury or not, I never got one. So... when I got off the restrictions (and was actually at MMI) the unsafe/unsustainable work environment was still the same.. which is what caused my injuries in the first place... so I started going downhill again after that. My wrists ended up getting injured again, so I quit the job to avoid further injury.

I arrived at my next job with only my occupational health services paperwork, which didn't explain the bad work environment and my further injury from it. My new employer didn't accept the paperwork though, and told me to get a real "doctors' note."

So, I went back to occupational health services to ask for a doctors' note, but they tell me that because I am not under their care anymore, and that my workers' compensation claim is closed, that they cannot write me a doctors' note.

So then I went to my chiropractor, who had treated me for back and hip injuries sustained from the same previous employer.

[I should note that when I filed for workers' compensation on my wrists at my previous job, I tried to file for my back too, but was harassed, told "this is a serious matter," and bullied/coerced into not pursing it. I didn't know what to do though, as my back and hips were still injured, so I went to my family chiropractor. I told him about my back, hip, and wrist injuries that were caused by the bad work environment, and that I had already filed workers' compensation on my wrists. In addition to mentioning everything about the work environment though, I mentioned how I skateboarded when I was a kid, and right there my chiropractor diagnosed my injuries as non-work related, and started treating me for what he thought I had of repetetive motion injuries caused by my childhood hobbies. The treatment was short, about 15-20 treatments, before he actually injured me again in one of last the treatements, and so I decided to stop seeing him. Keep in mind that during this entire time I was borderline incapacitated from all the side effects of a half dozen different psychiatric pills that I was trying to get off of at the time after being misdiagnosed with bipolar a year before, so I didn't really know what the heck was going on. I just was seeking help from what I thought were medical professionals at the time, and was not expecting, nor knew what to do or think about, my back being mis/diagnosed.]

So... back to the story, my chiropracter ended up writing the doctors' note quoted above. I actually don't recall specifically mentioning my wrists in the consultation I had with him for the note, however at the time I didn't really think much about it. I just asked for a doctors' note for an ergonomic workstation, because I was in a lot of pain, and that was it. If I were to lean to one side or the other (like if his testimony came up in court or something) I'd say I probably did mention my wrists, because they were a significant problem I was dealing with from my previous job, in addition to my back and hips. I mean, I don't think he would have written the word "wrists" because all his ergonomic workstation requests say such a thing.. I believe he probably wrote the word "wrists" because either I had mentioned it to him specifically, and/or he had enough prior confirmed knowledge of them being injured from when I had previously told him I had filed workers' compensation on them.

I will admit he never officially diagnosed my wrists. I found out that he is at least a chiropractor that specializes in wrists as well as backs and hips, so I don't think he would have written the word "wrists" in error either -- without having some sort of minimal background in diagnosing and treating wrist problems.

BTW so as the story continues, I ended up not getting accommodated for my wrists, which after another five months caused my wrist problems to relapse, which caused another workers' compensation claim on them, but where this time around I was diagnosed with Carpal Tunnel Syndrome. And so basically only after filing workers' compensation was I finally given a fully ergonomic workstation. However... because my wrists had technically gone unaccommodated for a full year by that time, I was so injured that I had begun to accumulate excessive absenses, which, in turn, caused my employer to fire me.

So yeah, kind of a big mess they put me in, I'd say! All I can think about is that they didn't accept my note "in good faith" -- I mean, the note said wrists, and that's that. There's also no way on earth that my employer could reasonably deny that I was requesting a full ergonomic workstation. That'd be ridiculous of me to only request half a workstation, especially after dealing with my previous employer specifically injuring my wrists! Like I said, I was still trying to get off the pharmacuticals, so I didn't really know how to go about anything. I just asked my doctor for an ergonomic workstation, simple as that.

Also, now that I think about it, would anybody be able to possibly help me answer THIS question? Since I was initially unable to provide my employer with "reasonably sufficient" documentation, was it not their responsibility at that point to provide (and pay for) their own doctor to determine the level of my disabilities? I guess I kinda feel like by them not showing any "good faith" to accommodate me initially (with the workers' compensation paperwork I had initially provided them) and instead continued to merely "give me a chance to eventually obtain the reasonably sufficient documentation myself," they ended up allowing me to get injured during that timeframe further, which doesn't seem like something they should be able to get away with!

I'm so sorry about the long and confusing post, but thank you very very much if you read it all, and can potentially help me sort some things out!

 

[bergzoin]

Hey so I've been thinking guys, and would like to also pose this question if it's okay..

Considering I was diagnosed with Carpal Tunnel Syndrome after filing my most recent workers' compensation injury, isn't that enough to classify me as disabled and in need of accommodations? I mean, I did get a fully ergonomic workstation after filing, as part of the work restrictions, however I didn't get time off work. And my employer fired me over the absences I was still accumulating after incurring my injuries. I think I read somewhere that an employer is required to give leave as one type of reasonable accommodation (if it doesn't cause them any undo hardship in doing so)? And so if that's the case, then shouldn't my absences have been excused and not counted against me?

Thank you again for listening, and for providing any input that you can. I really really appreciate that you guys offer your time on the forums like this!

 

[ajkroy]

Why can't you bring your OWN split keyboard and ergonomic mouse? If you required any mobility-assisting devices, your job wouldn't have to provide them. If you required glasses or a hearing aid, your job wouldn't have to provide them. Split keyboards aren't cheap (and one would assume you already HAVE one since you are posting this from somewhere).

I am concerned with your comment about filing your "most recent worker's comp injury". How many have you had?

 

[cbg]

Considering I was diagnosed with Carpal Tunnel Syndrome after filing my most recent workers' compensation injury, isn't that enough to classify me as disabled and in need of accommodations?

Not even close. That's not how it works. There is only one condition that is automatically covered under the ADA just by the sheer fact that it exists, and that condition is not Carpal Tunnel Syndrome. Each and every other condition, without exception, has to be looked at on a case by case basis.

 

[Ladyback1]

Hey so I've been thinking guys, and would like to also pose this question if it's okay..

Considering I was diagnosed with Carpal Tunnel Syndrome after filing my most recent workers' compensation injury, isn't that enough to classify me as disabled and in need of accommodations? I mean, I did get a fully ergonomic workstation after filing, as part of the work restrictions, however I didn't get time off work. And my employer fired me over the absences I was still accumulating after incurring my injuries. I think I read somewhere that an employer is required to give leave as one type of reasonable accommodation (if it doesn't cause them any undo hardship in doing so)? And so if that's the case, then shouldn't my absences have been excused and not counted against me?

Thank you again for listening, and for providing any input that you can. I really really appreciate that you guys offer your time on the forums like this!

Oh hun! Carpal tunnel is not a disabling condition. It just isn't.
And if you were missing work, claiming it was because of the CTS/work comp injury, then you should have gotten a doctor's note. And while "rest" is a reasonable treatment for CTS, if the doctor did not recommend it/order it, then you are SOL!

(from a personal perspective? The split keyboard is NOT helpful for CTS, in fact making my symptoms worse)

 

[Just Blue]

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

Hello out there guys!

I have been doing as much research as I can on my case, but I am still scratching my head at just one thing that I cannot quite figure out. If anybody would be so kind as to help me, I would be forever grateful to them!

So I'll explain it like this..

1) I asked to be reasonably accommodated at my job for back, hip, and wrist injuries that I had sustained from my previous job.



Thank you for your time,

Anonymous

Sorry if this is a dumb question:

Regarding queston 1)

Is your current job at the same company as the previous job?

I just wanted clarification on that...

Thanks
Blue

 

[eerelations]

OP, the law doesn't change from site to site.

 

[bergzoin]

Why can't you bring your OWN split keyboard and ergonomic mouse?

Their "security policies" prevented me from doing so, they said. I still don't get why I couldn't at least pay to have them incorporate the accommodations at least.

I am concerned with your comment about filing your "most recent worker's comp injury". How many have you had?

I have filed a total of (2) workers' compensation claims on my wrists. First one was at my previous employer for what they considered at the time to be "bilateral wrist strains." Second one was at my most recent employer for what they considered to be a full blown case of "carpal tunnel syndrome."

Oh hun! Carpal tunnel is not a disabling condition. It just isn't.
And if you were missing work, claiming it was because of the CTS/work comp injury, then you should have gotten a doctor's note.

I do understand that CTS itself is not a disabling condition, however I feel that in combination with my back and pyschological problems from a recent bipolar misdiagnosis, I think I was disabled according to the ADA. I definitely had one or more life activities affected by all my conditions, however I still feel I would have been able to perform the "essential functions" of my job if I were given reasonable accommodations.

Is your [most recent] job at the same company as the previous job?

No, the previous job was at a fast food joint. My most recent job was at a call center.

 

[bergzoin]

Perhaps you guys could use some insight from another post I made in a different forum...

They can fix carpal tunnel via surgery. Have you had an EMG to diagnose the level of impairment? An xray/MRI to determine surgery feasibility? How were you "diagnosed" and what medical evidence supports the diagnosis?

When I filed for workers' compensation, I was administered an EMG and squeeze tests, which showed what they considered to be CTS in both wrists (and I agree with them on that assessment). They say surgery may be required if I cannot mitigate the issues otherwise.

No, just having a diagnosis of carpel tunnel does not automatically make you disabled for ADA purposes. The reason why is in my response to you "down the street".

It's not so much that I was seeking disability under the ADA, I was just trying to figure out how to get an ergonomic workstation to avoid further injury. But because I couldn't show enough proof in time, or figure things out in time, I ended up getting exactly what I was trying to avoid, CTS. I guess I'm just trying to figure out at this point how I could be legally fired for the absences related to my injuries.

so it would appear that even if wrists were mentioned, at the time you sought the note you, yourself, did not deem the condition to be sufficiently serious that you required either a diagnosis or treatment.

I definitely knew I had wrist problems, but was so messed up at the time coming off the bipolar pills that I didn't really know how to go about the situation. The occupational health services doctor that treated my original workers' compensation injury of my wrists at my last employer couldn't help me because I wasn't "under his care" anymore, so after that I went to my psychiatrist, my family physician, and then to my chiropractor. BTW at the time I was trying to figure out how to get FMLA for the disabling condition I was already in because of my back and the pill side effects, so that's why I tried going to my psychiatrist and then family physician. Didn't really expect the psychiatrist to slam the door in my face (and not give me any of my paperwork). And also didn't really expect my family physician to not be able to write a note for FMLA. I can't even remember why he said he couldn't get me the FMLA, but I recall being so depressed at that point that I didn't even bother to ask him about writing a note for my wrists and/or back. And so only a couple of months later, after aimlessly doing research while continuing to be injured, trying to figure out how to get myself out of my situation, I went to my chiropractor, whom I thought at the time is all I needed to get a fully ergonomic workstation. It wasn't until after I got the note, and the workstation, that they didn't give me the split keyboard and mouse. But by that time I was so depresed and discouraged that I honestly didn't know what to do, and actually figured that I was out of options at that point, and that they didn't "fully accept" my doctors' note, but then didn't really do much to get me in the right direction otherwise. Because of the way they treated my after I asked about why my note didn't cover my wrists, I actually thought it was over, and gave up. I didn't actually think to go find a separate doctor for my wrists. I know that sounds stupid, but I was at the end of my line, in a lot of pain, and my mind just wasn't thinking right.

You just told us that it was five months between when you first documented your need for accommodation and the time you got a diagnosis of carpal tunnel syndrome resulting in additional accommodation. If a full year passed, that would mean that you chose to work in a standard workstation for six or seven months before you finally chose to get a note from your chiropractor. Why did you choose to wait that long?

Sorry about the mixup there. A full year had passed since I had first attempted to inform my employer about my wrist (and back) problems. Initially they didn't accept my occupational health services paperwork, which sent me back to the drawing board on how to prove I had injuries. But because I was so messed up on bipolar pills at the time, it took me seven months to cycle through the attempted resolutions with my psychiatrist, and then family physician, and then eventually my chiropractor. So I was definitely trying to figure out how to help myself over the course of the entire time, from three months into my employment (which is when I showed them my initial paperwork) into the seven months of trying to figure out how to get proof (and eventually getting just the chiropractors note) then into the five additional months following that. But because I couldn't figure what to do about my wrists in time, I got hurt again during that "five month period" following the "seven month period."

You haven't shared with us why you continued to accumulate unexcused absences or why, if you were receiving worker's comp coverage for the CTS, your treating doctors could not substantiate a medical reason why you needed to miss work. If you did not have a basis for intermittent FMLA leave and you did not have a valid medical excuse for your unexcused absences, your various physical ailments will not prevent your employer for firing you for failing to show up for work.

My absences were all caused by a combination of the trailing side effects of the pills I was trying to get off of at the time, mixed with the problems I was incurring with my back, hip, and wrists because I wasn't able to get them accommodated in time. I just struggled in general, including problems getting to work on certain bad weather days, and problems at work where I couldn't complete a full shift (both before I was accommodated and also after, since the accommodations came so late). The whole time I was trying to figure out how to get my absences excused. But because some of the absences were caused by my bipolar pill side effects, and back problems, I thought I was already SOL for FMLA because I had already tried to get it from my phsyciatrist and family physician, both of which didn't help me (and didn't point me the right direction either). I didn't even think to go back to my workers' compensation doctor for FMLA.

...(continued in next post)...

 

[bergzoin]

...(continued form previous post)...

Basically stepping outside all these injuries and accommodations, for the last couple of years now I have been trying to figure out how to get general help relating to my bipolar misdiagnosis fiaso, which directly complicated the injuries I had sustained on the job at both of my employers. The misdiagnosis didn't just complicate the injuries themselves, but how to go about getting help for the injuries. I wish I could figure out how to claim disability for the whole damn four years that my psychiatrist took from me, because I was just so messed up from his pills that I didn't know what to do about basically anything. I really wish that I was able to substantiate my psychological disabilities in time, for perhaps maybe at the very least, it could have helped excuse the absences that I had incurred because of the exaserbating circumstances that it caused me. I was just frauded so bad on the pills that I didn't know what the heck to do about basically anything.

While it's not relevent to certain aspects of the situation I have so far explained, I should note that I have been getting away from two very abusive mormon parents this whole time, that have refused to help me in any way, because they think that I'm scamming, and because they don't like lawsuits. So I was basically raised in an extremely sheltered household (that I wish could be proven/used as a disability because it certainly felt like one!) that didn't give me many tools to figure out how to deal with being frauded by my psychiatrist, as well as an unsafe previous work environment, leading into the medical and legal complications of my most recent job. Basically this entire time I wish I could claim psychological and educational disability, because that's why I feel I haven't been able to help my own problems in time.

You told us that upon your diagnosis you were accommodated by being given a split keyboard and ergonomic mouse. Why do you believe that getting a diagnosis of CTS would automatically trigger a leave of absence from work?

That's a really good question! I guess I thought it was apparent to my employer that their failure to accommodate me for so long was the cause of my absences. Even though I didn't have "official paperwork" in time, I was in constant contact with them from the very beginning, so for over a year they knew (at the very least from my complaining) that I was having trouble dealing with the pills and a bad previous work environment. I showed them everything I possibly could, all along my progress in obtaining it, to substantiate my claims of bipolar disability fraud, and back and wrist fraud incurred from a previous unsafe work environment (and the fraud that perpetuated in that environment that caused my wrist injuries not to be filed correctly so as to get me a job site analysis, and also the fraud that was caused by my chiropractor misdiagnosing my back injury as non-work-related, which also lent itself to not having a job site analysis at my previous employer).

Did you request a period of unpaid FMLA leave? Did your doctor disable you from working -- and if so, why didn't you communicate that to your employer?

I had asked multiple times for my absences to be excused, and every time I was told I needed to get FMLA. Of course, I had already attempted to get FMLA from all three of my previous doctors, before my injuries got worse. I'm thinking I wasn't able to get it from my psychiatrist for my bipolar issues because it would have exposed his fraud in prescribing me so many dehabilitating pills. And I'm thinking I wasn't able to get FMLA from my family physician either because he didn't have enough information about my situation, because I was so frauded! And so like I said before, I didn't really think to try and get FMLA or some sort of excuse for my absences otherwise, from my workers' compensation doctor, because I thought he was only treating my wrists, and couldn't substantiate some of the deeper claims of disability and inability to work full time that I was making because of my bipolar and back problems.

*Sigh* As you can see, I didn't in the first place, and still today don't know what to do about my situation, as it has been getting increasingly out of control ever since I was misdiagnosed with bipolar four years ago, and then sent into an unsafe previous work environment that injured and even further frauded me. All I wanted was an ergonomic workstation to avoid further injury. Even though I couldn't prove my injuries in time, I still feel that I gave my employer more than enough "good faith" and am really just disgusted that I wasn't met with the same. And to top it all off, I was told I couldn't provide my own keyboard and mouse because it violated my employer's "security policy." But then I don't get why they didn't let me at least pay to have them provide such inexpensive accommodations! Truly ridiculous, IMO. Sure, I may have been frauded and so didn't have what constituted "enough proof" in time. But we're talking about a freaking keyboard and mouse here! I was painfully obvious that I needed them. Is this what "corporate" has come to?

I'm sorry, no more ranting! Thank you very much for trying to help me get to the bottom of my situation otherwise. I guess I'm finding that perhaps more of the liability for my current problems may lie with my previous employer (who didn't get me a JSA or file my back injury with workers' compensation) as well as my chiropractor (who misdiagnosed my back as not work-related) as well as my psychiatrist (who prescribed me WAY too many pills and really f*cked me up bad from them.

 

[I'mTheFather]

The insight that post provides is that you must find a medical doctor or two, get accurate diagnoses, and begin treatment. Then, and only then, can you request additional accommodations. No ifs, ands, or buts.

 

[Proserpina]

Bless you all for trying, but it's clear that this OP doesn't understand the basics and that makes it really difficult - if not nigh on impossible - to suggest anything other than "see an attorney".

 

[cbg]

I'll make an attempt on the FMLA.

OP: Had you worked for THIS employer for a minimum of 12 months? If no, stop now - FMLA does not apply.

If yes:

Does this employer have a minimum of 50 employees within 75 miles of YOUR location? If no, stop now - FMLA does not apply

If yes:

In the 12 months immediately before the first day of the first medical leave, had you worked a minimum of 1,250 hours for THIS employer? If no, stop now; FMLA does not apply

If yes:

Does your doctor agree that you have a serious health condition, as defined by the FMLA statute? If no, stop now; FMLA does not apply.