It
was Thursday,
November 5th, 1998, and the pain just got to the point where
I couldn't take it anymore. Tylenol, Advil, Motrin -- it wasn't
working. I figured there had to be something someone could do.
So,
I called the clinic that I go to, made an appointment to see
the RNCMP that I generally see…After talking about what had
been occurring at my job she said, 'You know, this is related
to your work. You key a lot.' (I don't have any hobbies that
require my hands.) She said, 'You need to go through the work
comp route and I'd say at this point, don't type for two weeks.'
So
I stopped typing. Once I was told to stop typing, I started
faxing and filing and copying all day long. I did this for about
six weeks and during that time, the pain went from being just
in my wrist, into my forearm, into my elbow, moved up into my
shoulders and got to the point where it hurt to even just have
my arms hanging at my side. And at that point I was taken off
work for three weeks.
Workers
Comp: Three weeks turned into five months, and her employer
would not cover her lost work time or medical bills. Livelyhood
asked Tiffany to describe the lawsuit that she filed.
When
my doctor said this was work related I had to go through Work
Comp. Initially it was accepted and for the three weeks I was
off in December, my wage loss was paid and my medical bills
were paid. But then in February they decided to retroactively
deny the claim - they felt it was not occupational.
We
had to hire a lawyer - basically sue my employer to cover my
medical bills and my wage loss from January through June. And
so we've had to deal with all that on top of trying to get better
and heal, which my doctors also said added to my depression.
It's been a struggle to try and do the right thing.
We
went to trial in the end of July.
At
the trial, Tiffany discovered that a private investigator had
been hired to follow her for two weeks in June and July. In
court the opposite side showed a videotape of Tiffany as evidence
that she was not disabled, but the tape had the opposite effect.
It
really supported our case because it showed that I couldn't
use my right arm, I used my left arm to do everything. It showed
us walking our dogs; the leash was always in my left hand. Coming
out of a coffee shop with a cup in my left hand, in the middle
of rush hour traffic, putting the cup on the top of the car,
trying to fidget and open the door with my left hand, you know,
grab the cup, get in the car, put the cup down, shut the car
door. Put my seat belt, start the car with my left hand.
It
was very hard not to laugh at the video because it didn't support
their case. I had actually said throughout the whole time, as
we were having trouble with Work Comp I actually wished they
would have someone follow us 'cause then they'd see that I can't
do anything.
Finally,
this September, the case was resolved.
I
got the judgement in the mail on Saturday, September, 11, 1999.
I WON! They have to pay all medical, past, present and future.
My wage loss, prescriptions, parking, mileage, you name it.
We are so happy!
We
asked Tiffany to describe the problems with her workstation
that contributed to her condition, and how they were corrected..
We
had thought we had an ergonomically sound cubicle set up because
they had purchased an expensive chair and said it was ergonomic.
I had an ergonomic split keyboard. But when an ergonomic evaluation
was finally done, it showed that my chair, the back support
on it was not correct. When I had back support, if I sat back
all the way and had back support, I didn't have arm support,
and vice versa. If I wanted to key a lot, I'd sit forward to
have the arm support except then my back wasn't supported.
Also
the keyboard tray was at a wrong height - bad angle - my monitor
was too low. So, being in a bad position, over a period of time,
you know, five days a week, keying 80 words a minute about six
hours a day, it built up…They said they could tell just by looking
at it that the chair wasn't right.
Also
I had built up quite a few mouse pads on my keyboard tray and
they said, "You should not have to build up. Things should be
correct the way [they are] and you shouldn't need four mouse
pads." But as the pain kept getting worse, I would just try
and put another one on hoping that that would help. Also my
keyboard tray was at a funny angle and I think it was too high.
There was a small paper tray next to my computer but it was
on the desktop itself, it wasn't raised up and at the same height
as the monitor. So I was always looking down at the tray and
then up at the monitor when I'd be working. So, they said it
needed some major changes.
They've
purchased a new chair that is indeed ergonomically correct,
that has better back support and arm support. The arms are like
flippers and they rotate around, and they're easy to move so
that I can adjust them for whether I'm typing or if I'm just
writing things at my desk. I do have a foot mouse now, and the
voice recognition for the computer. They've ordered a new desk,
as well, because at some point in time I will actually be able
to type again. It'll never be the volume and the speed that
I did. And for when that actually comes, I will have an electronically
operated desk that can be adjusted. I believe it's just by holding
a switch -- it'll move it up and down so that it will be at
the correct height for whatever I need to do.
While
she was at home, unable to work, Tiffany discovered ways that
she could comfortably use the computer there.
My
husband and I went out and we bought voice recognition for our
computer at home. And so I learned how to use voice recognition
and just dictate things into the computer. And I didn't have
to type and so I was able to e-mail friends, dictate up letters.
We
then purchased a foot mouse that he had found off the Internet
and that allowed me to navigate around better. I started using
the computer and reading things on the Internet, researching
repetitive stress injuries. It's very, very common. People are
using computers more and more now than they were before. The
specific illnesses are very hard to diagnose because there's
only a certain set of tests they can do. And they can only diagnose
carpal tunnel with a positive EMG and other things. It gets
to the point where after so many things come up negative, they
can really just say you have repetitive stress injury, and they
can't nail it down and really only doing nothing and taking
anti-inflammatories can help it get better.
I'll
pretty much have to deal with this for the rest of my life.
I'll have to be careful about not overusing my arms. Otherwise
I could, you know, get the ligaments and tendons inflamed in
my arms to the point where I can't do anything again.