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  1. #1
    Join Date
    Nov 2011
    Posts
    6

    Default Differing SLU Determinations

    AN "INDEPENDANT EXAMINER" is 15% lower on my SLU than my orthopedics. How will they decide my award if I don't have a lawyer? (NEW YORK STATE)

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Differing Slu Determinations

    you can negotiate without an atty.
    if it goes to court they will review the medical opinions and choose that which is most persuasive e.g. most reasoned opinion that is consistent with the medical findings and history.

  3. #3
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,030

    Default Re: Differing Slu Determinations

    Go get a free consultation with a comp lawyer anyway. Hiring a lawyer may be a good economic decision for you.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  4. #4
    Join Date
    Nov 2011
    Posts
    6

    Default Re: Differing Slu Determinations

    Quote Quoting .SH View Post
    you can negotiate without an atty.
    if it goes to court they will review the medical opinions and choose that which is most persuasive e.g. most reasoned opinion that is consistent with the medical findings and history.
    I was told yesterday via phone by the person reviewing my case at the comp board that because I don't have a lawyer I will have to have a hearing.

  5. #5
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    800

    Default Re: Differing Slu Determinations

    You would most likely have to have a hearing anyway. Get some legal advice.

  6. #6
    Join Date
    Nov 2011
    Posts
    6

    Default Re: Differing Slu Determinations

    Quote Quoting ironoxide View Post
    I was told yesterday via phone by the person reviewing my case at the comp board that because I don't have a lawyer I will have to have a hearing.
    I called and asked.

    ---------- Post added at 08:09 AM ---------- Previous post was at 08:05 AM ----------

    The independant examiner said that the second opinion was also required because I didn't have a lawyer.

  7. #7
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    800

    Default Re: Differing Slu Determinations

    Quote Quoting ironoxide View Post
    I called and asked.
    Called and asked who ? Called and asked what ?

    You're not making any sense. Of course the Work Comp rep is going to encourage you to go to a hearing without an attorney. It's to their advantage and your disadvantage.

    Anytime there is a dispute in a disability rating between two physicians, there must be a hearing in order for a Judge to determine the fair assessment of disability and to resolve the dispute. If you go into a hearing without legal counsel, you will be going up against the attorney for the Insurance Company. Are you trained to do that ? I don't think so.

    Get a legal consultation with a qualified attorney who specializes in Workers Compensation.

  8. #8
    Join Date
    Nov 2011
    Posts
    6

    Default Re: Differing Slu Determinations

    it was the "comp board" i asked. as I have no clue and once before they told me to call them if I had any questions. obviously regular people have no idea how to prepare for a hearing. if they end up going by the smaller % of SLU and i get an lawyer I'll lose an extra 10% off the top...

    ---------- Post added at 07:29 PM ---------- Previous post was at 07:27 PM ----------

    when it first happened the (accident) I asked a lawyer and he said in NYS the judge sides with the insurance company 99% of the time even with a lawyer

    ---------- Post added at 07:33 PM ---------- Previous post was at 07:29 PM ----------

    I asked what happens when the 2 exams differ in %. and the comp board said without an lawyer (already on board with me) it will go to a hearing.

  9. #9
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    800

    Default Re: Differing Slu Determinations

    Quote Quoting ironoxide View Post
    I asked what happens when the 2 exams differ in %. and the comp board said without an lawyer (already on board with me) it will go to a hearing.
    As I said, it will go to a hearing whether you're represented by an attorney or not. It would be wiser to be represented.

  10. #10
    Join Date
    Nov 2011
    Posts
    6

    Default Re: Differing Slu Determinations

    Quote Quoting LeglEgl View Post
    Called and asked who ? Called and asked what ?

    You're not making any sense. Of course the Work Comp rep is going to encourage you to go to a hearing without an attorney. It's to their advantage and your disadvantage.

    Anytime there is a dispute in a disability rating between two physicians, there must be a hearing in order for a Judge to determine the fair assessment of disability and to resolve the dispute. If you go into a hearing without legal counsel, you will be going up against the attorney for the Insurance Company. Are you trained to do that ? I don't think so.

    Get a legal consultation with a qualified attorney who specializes in Workers Compensation.
    Your not reading what I posted and truthfully your condecending tone is frankly unwanted. Because I posed a question how do you feel your in any position to judge me personally.

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