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Re: [Orchid] Carpal tunnel and workman's compensation  
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From: Lee Einer
Date: Fri Jul 30 07:08:45 2004
 
     
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Hi, Julia-

    I have never filed a WC claim, or had one filed against me, but I
    have been active in medical reimbursement for a couple of decades,
    and am somewhat experienced with Workers Compensation issues,
    although WC laws vary from state to state. 

    You need to file a claim with WC. Your employer's good will is moot
    if your condition progresses (which very well may, untreated) and
    you find yourself unable to work. Additionally, any employer who
    retaliates against you for filing a Workers Comp claim in good faith
    is breaking the law, and you should report any such retaliation to
    the WC Commission. If your employer has the brains God gave geese,
    he/she will realize that you are only doing what the system requires
    you to do in order to get medical treatment, and there is no basis
    for bad feelings. 

    If your employers do not believe that  your condition is work
    related, they can dispute the claim, and you can appeal with the WC
    Commission. If your condition is judged to be non-compensable
    because it is non-work related, your health insurer should accept
    the decision from the Workers Compensation Commission as sufficient
    evidence that the condition is non-work related. All of the other
    conditions, limitations and exclusions of your health policy will
    still apply, though. 

    You would be well advised to request that your medical caregivers
    seek any needed prior authorization or precertification from your
    health insurer before rendering treatment, in order to protect
    yourself in the event that WC does deny and you need to turn to your
    health insurer for reimbursement. 

    [Disclaimer: I am not an attorney and this is not legal advice] 

Lee Einer
Dos Manos Jewelry
http://www.dosmanosjewelry.com

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