Workman's Comp Being Denied

Updated on February 05, 2010
J.L. asks from Eagle, ID
4 answers

Has anyone gone through the process of fighting a workmans comp denial? My husband was diagnosed with carpal tunnel last May and by the time we completed the whole process (filling out papers, filing papers, waiting for decision) he was denied. Then we found out our insurance deductable was way more than the bills. We were told by both parties,insurance and workman's comp, that one or the other would have to step up and help with the bills. Neither happened. We have found a lawyer that specializes in this and he says we have nothing to lose. We now are being asked to provide the past 6 years of tax returns, names address of past employers for 20yrs, etc.etc.etc. I didnt realize they needed so much personal info especially for a carpal tunnel case??? . It makes me feel a little uneasy handing over personal info w/ s/s# of our entire family. I was told this requested information is the normal process. My husband has worked for his last employer off and on for over 10 yrs and that is who he filed workmans comp with. Since he did not work for this particular employer when he was "diagnosed", they do not want to be held responsible and that is why it is being denied. This process is very new to us and would like to hear if anyone has been through the tedious process and what steps should we be expected to take???

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T.A.

answers from Toledo on

That last response was way off! The doctor's do not work for worker's comp. There are alot of claims that are denied, especially ones without a mechanism of injury, like carpal tunnel. When a claim is denied, you have the option to appeal the denial within so many days so act fast. The claim will go to hearing and ultimately a judge will decide if the claim will be approved or not. If it is then again denied, you will have the option to appeal again (I think). Definitely get an attorney that specializes in worker's comp cases and they can better advise you. Also, DO NOT go to the doctor overexaggerating the injury, they see right through that and will make note of it. If it is a legitimate injury, testing will show that. Good luck!

1 mom found this helpful
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S.C.

answers from New York on

If your husband has been seen by a doctor hired by worker's comp / insurance company, those doctors are paid to report that the patient does not qualify for worker's comp. At the risk of increasing your medical bills, you should continue to see your own doctors to get an unbiased opinion. Document everything, send test results in to the WC board. It is a pain in the neck! I have an old WC claim from a back injury and all I need from WC at this point is for them to continue paying for my visits to the chiropractor. (I am capable of working, and I do, so they aren't sending me checks). I used to go to the chiropractor and PT 3x a week. They have cut me back to 2x a month at the chiropractor, and no more PT at all. Unfortunately it's a game with them and you have to play by their rules if you want proper treatment or if you want to be reimbursed for medical bills.
You can always try to get a free consultation from a lawyer. Even if they choose to not represent you, you may get some valuable advice from them. Ask your doctors if they have any advice for you. And if your husband is scheduled to see a WC doctor, he should act like he is capable of doing nothing!! Anything that the doctor asks him to do physically, he should do very slowly, and do as little as possible. Not that it matters - that doctor already has the paperwork filled out before he even sees the patient! Best of luck to you!

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P.M.

answers from Portland on

It is tedious, J.. How frustrating for you. I've heard that the first claim is almost always denied if the condition is hard to prove directly connected to employment. I believe WC sends you instructions about how to proceed if you disagree with their decision, yes? Follow those instructions. It's a well-worn path. The fact that you'll stick it out will probably be a point in your favor.

What a system, huh? But WC (most any large program, actually) is dealing with the common problem of people filing unfounded or dishonest claims. Dishonest claimants really throw a wrench in the works for everybody else.

So don't be discouraged yet: take a deep breath, settle down for a longer process, and move forward.

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K.P.

answers from Salt Lake City on

Hi Jaime. sorry you're having a hard time. You don't say where you live and/or what WC company you are dealing with - but I actually work for a WC company in SLC. I'm not in the Claims dept. any more but I used to be. I have worked at this same company for 15 years and can attest the many carpel tunnel cases get paid compensation (both for lost time from work and doctor bills) but they sometimes do get denied. The advise you've received to appeal the denial is sound. Make sure that all your ducks are in a row and if you have any documentation of when the problems started, be sure your current doctor (and yes, you should normally use a doctor on the approved WC doctors list so that you don't get balance billed - at least that's the way in works here) and your claims adjuster know all the facts.
Good luck!

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