Should I appeal

[gginwis]

What is the name of your state? Wisconsin


I submitted a work comp claim for an on going shoulder pain. I had a doctor that specializes in this check me out after I had physical therapy and the pain got worse. The MRI showed a tear in the rotator cuff. I had surgery and there wasn’t a tear, just a large groove where there was a calcium build up. Two spurs were ground down and part of my collarbone cut off where there was a huge spur. Doc said it was cut off so it would not grow back which would happen lf I stay at my currant job. I have been at this job for 24 years. All my conversions with the doc and therapists say that this is repetitive injury, I am not in any spots and my computer at home has a ball mouse (I can not even type I am using a onscreen keyboard to write this with a mouse) We have 6 out of 10 in our division with shoulder problems, not all have submitted work comp claims.

I have received a letter that they have denied my claim because I do not meet work comp definition in wisc, what do they mean by this, they say I can appeal how do I do this and should I see a lawyer before I appeal?

I had also submitted a claim for right shoulder pain when I was moving computer boxes months before I put in the on going shoulder pain claim, but I did not see doctor for this they said they will not consider this in my claim.

Thank you

 

[rmet4nzkx]

Yes see an attorney before you appeal. Many claims are denied the first go round but appeals can be very tricky and best to have an attorney. Have they had ergonomic evaluations of the workstations at your work? Also if the doctor removed the bone spur that would have come back if you continued working is the doctor saying it won't now because it was removed are you released to work or have restrictions, what is your rating

 

[gginwis]

restrictions

"Have they had ergonomic evaluations of the workstations at your work?" Yes, they made some changes to my desk so I would not keep reaching etc.

That spur will not come back, but he can not gurantee the ones he ground down will not form again. I have not been released to return to work without limitations. If I was on work comp I would have to come back on limited status, but without work comp I have to have a full release and I still have limitations. Surgery was 6-23-04.

Thanks