A question about New York State Workers Compensation?
HELP! Workers Comp hearing question? I’m at MMI and my hearing is tomorrow.?
I just spoke with my lawyer. My hearing is tomorrow and both the IME doctor and my doctor are saying two different things.
The IME doctor says that I am a Scheduled Loss of Use and my doctor is saying that I am a permanent partial classification.
The lawyer said that tomorrow they will stop my payments and have to do an “over the phone” deposition of both doctors to come to a conclusion.
He also said that “classification” is usually a back injury and so he doubts that the judge will rule in favor of the classification which will end up with me having no money whatsoever after they deduct what I was already given.
SO THESE ARE MY QUESTIONS:
How can my doctor put me at a permanent partial classification if this is not usually given for arms, and how can I fight to get it???
I want compensation for all the money I haven’t been able to recieve at my former job due to this injury.
Will my lawyer fight for me??? Is there something else I can do to help my case???
Also, how can they stop my payments while I am in litigation before the judge makes a decision?
FYI, this is for injuries to both arms. They have both been operated on for tedonitis, tennis elbow and I have a permanent partial disability.
Thanks all who answer and are able to help.
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Each state is different, however, my state is set up like the laws of New York ( workers compensation ): I will explain this the best that I can.
The IME is paid for by Workers Compensation, so the IME is on Workers Compensations side. The IME should have issued a percentage of your loss.
Your doctor should also issue a percentage of loss, not just a permanent partial classification. They both, your doctor AND the IME should write down a percentage of loss of your injury. The judge will decide tomorrow of what percentage loss you actually have.
Now, with that being said : Lets say you have a 5% loss ( just used as example ) you will get 5 months of payments. A check will be sent to you every month ( one check ) for 5 months. You will only get a portion of the money on the 5th month.
I hope you get this figured out….Workers Compensation will stick it up your a….. if you let them. Hopefully you have a good lawyer and hopefully your doctor will stand up for you when you need them to testify.
Thank you for this wonderfull blog, I have been lurking for some
time, many thanks to the Admin here too.
You say, and lots of people believe, that because an IME Dr ‘works
for’ the state, or Division of Workers Compensation, those Dr’s are
employer/carrier “friendly”…. WHAT is your thought process on the
treating physician… who ALSO is ‘paid’ by the carrier? Injured
workers DO NOT pay out of pocket for any treatment to the
claimed/accepted body part. Org poster, you are not going to get
reimbursed for the money you lost by not working. You are not going
to get money for pain and suffering. Nor is there money for future
lost wages. Permanent Partial Disability Part of the employee’s
wage-earning capacity has been permanently lost on the job. If the
work related accident or date of disablement occurred before March
13, 2007, benefits are payable as long as the partial disability
exists and results in wage loss, except for schedule loss of use.
If there is no wage loss or reduced earnings as the result of the
partial disability, only medical benefits are payable. Nor are your
indemnity payments based on a number of months payments. The
schedule loss award is pre determined, by law and is payable for a
number of weeks, and capped, based on your PPD rating. Schedule
Loss This is a special category of Permanent Partial Disability,
and involves loss of eyesight or hearing, or loss of a part of the
body or its use. Compensation is limited to a certain number of
weeks, according to a schedule set by law. If the work related
accident or date of disablement occurred on or after March 13,
2007, benefits are payable for a maximum number of weeks as
determined by the claimant’s loss of wage-earning capacity. The
maximum number of weeks is set forth in statute as follows: 525
weeks for loss of wage earning capacity of greater than 95% 500
weeks for loss of wage earning capacity of greater than 91% thru
95% 475 weeks for loss of wage earning capacity of greater than 86%
thru 90% 450 weeks for loss of wage earning capacity of greater
than 81% thru 85% 425 weeks for loss of wage earning capacity of
greater than 76% thru 80% 400 weeks for loss of wage earning
capacity of greater than 71% thru 75% 375 weeks for loss of wage
earning capacity of greater than 61% thru 70% 350 weeks for loss of
wage earning capacity of greater than 51% thru 60% 300 weeks for
loss of wage earning capacity of greater than 41% thru 50% 275
weeks for loss of wage earning capacity of greater than 31% thru
40% 250 weeks for loss of wage earning capacity of greater than 16%
thru 30% 225 weeks for loss of wage earning capacity of 15% or less
YOur TTD payments/benefits stop when you are MMI. You are no longer
”disabled” under the WC definition. Litigation of your claim has
nothing to do with the benefits being paid. There isn’t really
anything to ”fight” for here. The laws determine the benefits and
money you are eligible for. NY allows for a indemnity award to be
paid lump sum without commutation to todays dollars. That is about
the only good thing in your favor.
Thanks, Very useful resource!!
Awesome work on the website – gracias!