Carpel Tunnel Syndrome

Rockie

We have an employee who recently had surgery for carpel tunnel syndrome. When she found out her insurance did not cover this surgery 100%, she suddenly felt it was a Workers Compensation claim from a year ago. She worked for us last year, quit, and then returned to work for us a few months ago. Isn't the statute of limitations one year to file a WC claim? She is a nurse who does little typing and keyboarding, so I really fail to see how this can be reasnably connected to a WC claim.

Any advice would be appreciated.

Theresa Gegen TX

Carpel Tunnel can be caused by various things -- not just typing. Any type of close work that puts one's hands and arms in a stressed position has been known to cause it (for example, sewing, or working with small tools).

One issue for worker's comp will be whether she timely reported the injury. This depends on the state law (in Texas an employee must report the injury in 30 days, but for a gradually worsening condition, like carpel tunnel, where a pain might start and not necessarily lead to further injury, the judges have allowed employees to report the claim later).

Also, many states let employees recover for injuries that are aggravated by the work place.

A second issue will be whether work caused her injury. Unlike a traumatic injury, like falling off a ladder, the causes of carpel tunnel are not always readily apparent.

I suggest you talk with your worker's comp carrier about this one to find out the details on your state's law and how the commission would handle this claim.

Good Luck!

Balloonman

Your best bet to defend this claim, is what the original treating doctor diagnoised as the cause of the carpe tunnel. If he did not say it was work related, I would use her doctor's own report to get the claim denied. If he hems and haws, I would have an hand surgeon, who is well versed in wc to evaluate the ee and determine causal relationship for the carpel tunnel.
What did she do when she left you? Who did she work for? What hobbies does she have? Knitting, croche, or something else hand intensive?
Good luck.
My $0.02 worth.