In missouri, cubital tunnel syndrome is considered what is called an occupational disease. This means that it can develop over time from something such as repetitive job duties that stress that part of the arm. Unfortunately, it can be common for employers, and the doctor's that they send workers to for care, to deny these case.
Just because you received a denial from the compan doctor does not necessarily mean your case is over. You have the right to pursue your case. This can include filing what is called a formal claim with the Division of Workers' Compensation or hiring an attorney to have them to that for you. By filing a formal claim, it keeps your injury case alive. To fight this denial, you or your attorney would likely want to obtain your own medical evidence that this condition is in fact related to your work. With a formal claim, there are also different avenues that can be used to try to expediate the employer providing treatment to you, as well.
With cases where treatment is denied, it is often helpful to hire an attorney familiar with workers' compensation. These cases can get somewhat complicated and you want someone on your side familiar with the laws. Typically, attorneys for these cases charge on a contingency fee basis. This means that you don't have a lawyer fee to pay unless they win your case.
There are many good lawyers available here on www.avvo.com or through the Bar Association of St. Louis Referral service at www.bamsl.org.
Use of this information is for general knowledge only and does not establish any attorney-client relationship. You should contact an attorney for any questions regarding the specifics of your case. If you would like to contact our office with further questions, we are available at 636-294-6170.
You need to hire an experienced Missouri worker's compensation attorney, who will probably need to litigate this claim for you. Unfortunately, it is not unusual for employers to try to deny these types of occupational disease claims, because there is no specific "accident" that causes the condition, like a fall or a lifting injury. Under the current Missouri statute you have to prove that the work you did was the "prevailing' factor for developing the cubital tunnel. So this gets into questions of whether you ever had any problems with your elbow or arm before this started, how long you have been working for this company, and whether you might have any other medical conditions that could cause cubital tunnel. One thing that concerns me is that you mentioned that it started from the "get go." Does this mean from the first day you started working for this employer? if so, that could be a problem b/c cubital tunnel is considered a "repetitive use" disorder, and some doctors believe it takes a certain period of time for cubital tunnel, and the symptoms it causes, to develop.
I would suggest that you retain an attorney as soon as possible to file a claim and take the necessary steps to try to obtain an award for medical treatment.