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Workers Comp and RSD/CRPS

Maryland Workers Comp and RSD & CRPS

Reflex Sympathetic Dystrophy (RSD) also called Complex Regional Pain Syndrome (CRPS) seems to be one of the most complicated and troubling medical conditions out there.  Maryland workers comp, RSD & CRPS combined make the entire situation even more complex and stressful for the injured worker.  Attorney’s occasionally see these conditions among injured clients.  When handling workers comp RSD CRPS cases it is important the attorney has at least a general understanding of the severity of the condition, but also how the condition can affect the injured worker.

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Consider workers comp RSD and CRPS?

RSD is a chronic pain condition that causes various degrees of pain in various intervals of time.  Some suffer constant burning nerve pain while others suffer from regular pain flair ups.  Those who suffer from RSD often have very noticeable swelling, tremors, stiffness, abnormal cellular growth, and more.  See WebMd.  From what I understand the condition is really not well understood in the medical community because of its complicated nature and its rarity. (Although there are apparently 200,000 cases each year in the United States- American RSD Hope)  With that said, it is understood to a much lesser extent in the legal community which makes workers comp, rsd & crps extremely difficult.

There have been two forms of RSD.  The uncommon nerve disorder was once referred to as Regional Sympathetic Dystrophy/RSD or a second form referred to as Causalgia.  Now it is most commonly referred to as Complex Regional Pain syndrome I and Complex Regional Pain Syndrome II.

RSD/CRPS Type I      VS.        Causalgia/CRPS type II

One of the main distinctions between CRPS I and CRPS II seems to be how easily identifiable the cause of the syndrome is.  CRPS II carries with it a diagnostic findings of a major nerve injury.  CRPS I likewise may include nerve damage however it is not necessarily present and may arise after muscle, skin, or ligament damage.

This may be the first time in the injured workers life that they have experienced pain of this magnitude.  Workers Comp, RSD & CRPS may require extensive time off from work and perhaps even a vocational rehabilitation plan if the condition gets to the point of prohibiting the injured worker from returning to the occupation on which they were injured.  Maryland workers compensation attorneys can help with obtaining  vocational benefits which are an option under Maryland law.

Before determining the injured workers functional capacity and considering vocational rehab they must be discharged from medical treatment.  For many injuries, discharge can come within weeks or months of the original injury.  Even with some surgery cases the workers are back to their job in a few months.  With RSD sufferers this does not seem to be the common scenario.  In workers comp RSD/CRPS diagnosis seems to take awhile because the condition is not very well understood by many practitioners and it is usually not expected because of the rarity, but also, the workers comp system sometimes slows treatment.  It seems treatment begins with the usual course of benign diagnostics (x-rays, mri’s, ct) then some months of therapy.  Perhaps then more intrusive diagnostic tests such as nerve conduction studies or bone scans are then performed.  A second course of therapy could take place for another couple of months.  All the while the injured employee is not sure exactly what is happening with their body.

As the tests go on the optimism of all involved begins to dwindle.  At a point a psychological component comes into play and the injured worker may be overwhelmed with emotions and feelings.  Cases involving workers comp, rsd, crps become even more complicated with mental health considerations.  While Maryland workers compensation attorney’s should strive to get their injured client back to work in order to preserve their occupation, keep them contributing to society, and keep them from entering a different mind set and accepting that resting on the couch or in bed is becoming a part of life, with RSD/CRPS it is difficult to do this and very often an impossibility.  Very often those who endure this pain condition are on levels of narcotics not safe for the work place.  What is more, when psychological dismay overwhelms the injured worker it may be best they seek treatment and focus on preserving their well being.  It then becomes the attorney’s job to ensure continuing compensation benefits.

Handling workers comp, rsd & CRPS

It is the attorney’s job to ensure that the worker suffering from this sympathetic nerve condition continues to receive temporary total disability/lost wages.  Under Maryland law it is often very difficult to keep these payments flowing uninterrupted.  At any given time the workers comp insurer can have an IME performed that could legally justify them to terminate the temporary total disability (ttd) payments.  If this happens the injured workers attorney can file for a hearing to have the benefits reinstated.  The hearing request can be filed immediately, however it may take a few months to actually get to the hearing, and a few weeks thereafter to receive a check for the back wage checks.

For the worker this could be financially devastating, for the attorney this can be frustrating.  The diagnosis and treatment of RSD can take many months to years.  That means many months to years of the workers comp insurer terminating benefits and necessitating a hearing.  That means the injured worker may go months without compensation.  Adding to the frustration is the lingering school of thought that believe RSD/CRPS to be a fabricated condition.  Liken to theories about fibromyalgia, if there is doubt the condition is legitimate there is often accompanying doubt among the workers comp defense.  With the worker already in a vulnerable state, suffering from regular severe pain, feelings of depression, and uncertainty, repeated attempts to terminate the ttd payments can push them to a breaking point.

When handling workers comp, (RSD) & CRPS cases compensation lawyers must be prepared to offer some extent of emotional reassurance to clients while maintaining the professional relationship.

 

You can speak with Baltimore workers comp attorney Andrew M. Rodabaugh for a FREE consultation   Call Click to email  or just fill out the form at the bottom of the page and Mr. Rodabaugh will contact you!

 

Mr. Rodabaugh exemplifies the best in our profession.  he is a caring, dedicated, highly regarded, and widely respected attorney.  With Andrew as your advocate you are in excellent hands.  I endorse this lawyer.
Jeff GPersonal Injury Attorney

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Workers Comp RSD CRPS
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Handling workers comp RSD CRPS can be quite a task. Handling this painful condition is nearly impossible for some but when workers comp and RSD or CRPS when workers comp
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Work Injury Maryland
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