As a work comp attorney,I have had to deal with the changes brought about by reform in the Workmans Compensation Law.The standard used to be whether work activities “triggered” carpal tunnel syndrome.The bar was then raised to proving that repetitive activities were a “substantial factor” in producing carpal tunnel. Now you must prove that work activities were the ” prevailing factor.”This means that the activities were the “domminant factor” in producing carpal tunnel.
The key to an excellent result in carpal tunnel cases is having a solid medical expert who is thorough and who has great credentials. It is imprortant that the expert has a very clear picture of the nature of the work that is being performed.This includes the quantity of the work as well as the strenuosness of the work. Many insurance companies attempt to attack status of their workers. It is well-established that women get carpal tall much more frequently and then. Is become common practice for many insurance companies to deny claims against women. Ages also been linked to the frequency of carpal tunnel. Regardless of the type of work is being performed, if you are a woman in your 40s or 50s, you will probably need legal help. The changes in the workers compensation law at brought about discrimination against middle-age women when it comes to carpal tunnel cases. The fact that there is a correlation between gender and carpal tunnel syndrome should not defeat someone’s claim. Is been my practice to stand and fight for middle-age women whose claims had been denied.
Finally, reseach information for various types of work can add strength to the experts testimony.Today, carpal tunnel cases are being fought with great fervor and it is important that your attorney works up your case thoroughly and aggressively. Many studies have been made with regard to various occupations. Is important for an attorney to do his homework so that he can represent you the way you deserve to be represented. Call Jeff Swaney at (314) 310-8373 for a FREE CONSULTATION