My tech with carpal tunnel's claim has been denied by the BWC. They say
that his job doesn't have repetitive motion normally associated with this
type of claim. I'm sure of many, many appeals. But I still say there is a
God and He doesn't put up with EVERY bit of crap. Our risk management group
says that an approved claim will cost me over $100,000.00 over a period of
five years and will get me kicked out of the group and loose my discount
with the BWC. I have a phenomenal safety record with no lost time in over
20 years.

"Tom Gardner" wrote in message
...
My tech with carpal tunnel's claim has been denied by the BWC. They say
that his job doesn't have repetitive motion normally associated with this
type of claim. I'm sure of many, many appeals. But I still say there is
a
God and He doesn't put up with EVERY bit of crap. Our risk management
group
says that an approved claim will cost me over $100,000.00 over a period of
five years and will get me kicked out of the group and loose my discount
with the BWC. I have a phenomenal safety record with no lost time in over
20 years.

Congrats, Tom, and good luck with any appeals. I can't think of anything
lower than someone living on undeserved sueage. Or is that sewage? :-)

Very enviable safety record, by the way.

Harold

Tom Gardner wrote:
My tech with carpal tunnel's claim has been denied by the BWC. They say
that his job doesn't have repetitive motion normally associated with this
type of claim. I'm sure of many, many appeals. But I still say there is a
God and He doesn't put up with EVERY bit of crap. Our risk management group
says that an approved claim will cost me over $100,000.00 over a period of
five years and will get me kicked out of the group and loose my discount
with the BWC. I have a phenomenal safety record with no lost time in over
20 years.



Good for you. Hope you find someone to replace him soon..

John

Hopefully, this experience will just fade away. As a precaution, you might
be interested in having his personal and medical history investigated or
closely examined (although I don't know how that's done).
If there are numerous other WC claims in his past, it would be a good guess
of what his intentions were/are.

CTS can be interpreted differently, like most things. Where some medical
folks would insist that surgery is the only option, others may correctly
interpret it as a treatable problem (ultrasonic therapy).
I've known hard working, responsible guys that have developed severe hand
pain and loss of motion, and had the surgery performed only to discover that
they still had lots of pain, or began to experience other new symptoms like
numbness, tingling and lower function of their hands.

If the particular individual that filed the claim has had any other types
symptoms (related, or not, to his hands/limbs) and sought treatment, it
could be beneficial for you to know.

WB
..............

"Tom Gardner" wrote in message
...
My tech with carpal tunnel's claim has been denied by the BWC. They say
that his job doesn't have repetitive motion normally associated with this
type of claim. I'm sure of many, many appeals. But I still say there is
a
God and He doesn't put up with EVERY bit of crap. Our risk management
group
says that an approved claim will cost me over $100,000.00 over a period of
five years and will get me kicked out of the group and loose my discount
with the BWC. I have a phenomenal safety record with no lost time in over
20 years.






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Tom.

I had the carpal tunnel procedure done on both my hands and wish I would
have done it sooner.

I might make a suggestion to resolve your issue with your employee. Why not
suggest to him that he just go in and have his health insurance cover the
problem. Explain that neither you or your insurance carrier believe that
his condition is a result of the job and going through the lengthy appeal
process is not going to get his problem fixed anytime soon.

Suggest to him that if he adopts this course, you might be able to work with
him while his hands recover to minimize any lost wages, and he can avoid any
lawyer fees that way.


--

Roger Shoaf

About the time I had mastered getting the toothpaste back in the tube, then
they come up with this striped stuff.


"Tom Gardner" wrote in message
...
My tech with carpal tunnel's claim has been denied by the BWC. They say
that his job doesn't have repetitive motion normally associated with this
type of claim. I'm sure of many, many appeals. But I still say there is
a
God and He doesn't put up with EVERY bit of crap. Our risk management
group
says that an approved claim will cost me over $100,000.00 over a period of
five years and will get me kicked out of the group and loose my discount
with the BWC. I have a phenomenal safety record with no lost time in over
20 years.

"Roger Shoaf" wrote in message
...
Tom.

I had the carpal tunnel procedure done on both my hands and wish I would
have done it sooner.

I might make a suggestion to resolve your issue with your employee. Why
not
suggest to him that he just go in and have his health insurance cover the
problem. Explain that neither you or your insurance carrier believe that
his condition is a result of the job and going through the lengthy appeal
process is not going to get his problem fixed anytime soon.

Suggest to him that if he adopts this course, you might be able to work
with
him while his hands recover to minimize any lost wages, and he can avoid
any
lawyer fees that way.
Roger Shoaf

I'll bet he had a lawyer before he had the condition! He says that
setting-up an average of 6 punch presses a week is the cause. Our dies are
simple and average 25 lbs ea. all the clamps are 5/8-11 bolts and the ram
bolts are 3/4"...but rehabing 3 houses didn't cause any problems.

Tom Gardner wrote:

My tech with carpal tunnel's claim has been denied by the BWC. They say
that his job doesn't have repetitive motion normally associated with this
type of claim. I'm sure of many, many appeals. But I still say there is a
God and He doesn't put up with EVERY bit of crap. Our risk management group
says that an approved claim will cost me over $100,000.00 over a period of
five years and will get me kicked out of the group and loose my discount
with the BWC. I have a phenomenal safety record with no lost time in over
20 years.


Watch this guy, particularly if his work performance drops off. In
Oregon (and I assume most other states) you can't discriminate against
someone for making a workman's comp claim. It's not an uncommon tactic
to make the claim then allow one's performance to drop off, or start
ignoring work rules, or whatever. Then when you fire the bozo he comes
back with a discrimination claim.

So if you _do_ start having problems with him, document everything very
carefully. If it were me, having seen this happen to other employers, I
would proceed under legal advice. You want to be able to march into a
discrimination hearing ready to show exactly what was going on with the
guy, and why you didn't treat him any differently from anybody else.

-------------------------------------------
Tim Wescott
Wescott Design Services
http://www.wescottdesign.com

On Fri, 10 Jun 2005 12:47:47 GMT, "Tom Gardner"
wrote:

I'll bet he had a lawyer before he had the condition! He says that
setting-up an average of 6 punch presses a week is the cause. Our dies are
simple and average 25 lbs ea. all the clamps are 5/8-11 bolts and the ram
bolts are 3/4"...but rehabing 3 houses didn't cause any problems.

Tom, see if you can get some tips on where this person is working
his second jobs, and get some video footage of him working. Just in
case he tries to come back and fight it, you can show how his
"critical injuries" didn't slow him down at framing a house only days
after he was "suffering so badly." CYA.

I have a friend who is a professional pianist who has had bouts with
CTS that could easily have been career ending. But there is usually a
root cause, and if you fix the cause the problem often gets better or
totally goes away. That is, if the person with the CTS problem
/wants/ to get better, and isn't looking to sue and retire off the
proceeds.

He's had to get insistent about the employer repairing or replacing
the company-owned piano as needed when the action wears out and gets
stiff and sticky (And when the piano gets played 7-days, two shifts,
it keeps a piano technician busy...)

He's had to modify his seating position and motion mechanics to keep
his wrists neutral, and he gets various alternative therapies (cool
light laser and/or somesuch) at the first sign of a problem.

-- Bruce --

--
Bruce L. Bergman, Woodland Hills (Los Angeles) CA - Desktop
Electrician for Westend Electric - CA726700
5737 Kanan Rd. #359, Agoura CA 91301 (818) 889-9545
Spamtrapped address: Remove the python and the invalid, and use a net.