Legal Question in Workers Comp in California

I am being treated for carpal tunnel and trigger finger in the state fo California. The doctor says that the trigger finger is not covered under WC is this true


Asked on 7/25/12, 10:42 am

2 Answers from Attorneys

Alison Gude, Attorney Law Office of Alison J. Gude

Whether your trigger finger is covered depends upon whether you injured it, directly or indirectly, while at work. It may be that the insurance company has not accepted the claim for injury to your trigger finger. I strongly encourage you to consult with a workers' compensation attorney as soon as possible. You can locate one in your area by going to www.caaa.org. Initial consultations are always free.

In the alternative, you may call me at 415-655-6789 to discuss your claim. Good luck!

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Answered on 7/25/12, 12:15 pm
Nancy Wallace Nancy Wallace Atty at Law

This Doctor is trying to tell you he 'concurred' with the adjuster that only the wrist would be 'accepted' as industrial and everything else would be 'ruled' as non-industrial, not work-related and therefore the insurer need not pay.

RUN FOR THE HILLS AWAY FROM THIS DOCTOR. He's 'in bed' with the adjuster.

If repetitive overuse caused carpal tunnel, that same physical action most likely caused the trigger finger. A responsibile doctor would write that both the carpal tunnel syndrome AND the trigger finger resulted from the same repetitive overuse at work and so both are industrial injures and both are the responsibility of the insurance company.

YOU NEED TO PICK A NEW TREATING PHYSICIAN...A PHYSICIAN from that Comp insurer's Medical Provider Network that will write that BOTH problems are the result of work duties.

CHECK YOUR WORKERS COMPENSATION CLAIM FORM DWC1 one-sheeter: if the body parts lists only say wrists and nothing more, THAT"S the problem. If you only claimed wrists and not hands or fingers, the insurer may only accept the wrist injury and deny anything else.

So review that WORKERS COMPENSATION CLAIM FORM DWC1 and if it only says 'wrists' ; complete and fax and deliver a new one that includes BOTH UPPER EXTREMTIIES/ HANDS/ FINGERS, WRISTS, ELBOWS.

And, of course, sounds like you need a good lawyer... see if you can can find a CERTIFIED SPECIALIST in comp, as we specialists passed an extra bar exam just in workers comp laws but we cost exactly the same as attorneys who don't know much about comp.

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Answered on 7/25/12, 5:24 pm


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