New York Worker's Compensation - Help For Injured New York Workers

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  1. #1
    Join Date
    Mar 2012
    Posts
    1

    Default Can I Drop a WC Case I Started - It May Use Up My FMLA Leave Time

    I hurt my back on the job...a neurosurgeon wants to operate. When I filed for the WC, I applied for FMLA and will be given 3 ( or 4 months with a additional month I was told?). Meanwhile the WC is letting the carrier not respond with their filings.- thus holding up everything. I will soon be out of leave time after which I do not work for the City...will no longer have a ob and will not be able to file for retirement pension. Can I just drop this WC case, and go back to my job - I have gotten better during this "rest" time" ...and retire with pension and health insurance for me and my family - (which is what i SHOULD have done in the fist place) ??
    Last edited by medman; 03-16-2012 at 03:43 AM.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Can I Drop a WC Case I Started the Filing It May Use Up My FMLA Leave Time

    Your ER is permitted to run the FMLA concurrently with the comp leave, it's not up to you.
    If you have recovered from the injury, with the "rest time", there is no reason to drop the claim... talk to your Dr about releasing you to return to work.

    If you've recovered, and are able to return to your pre injury job function...the system "work for you" as intended.
    No PPD indemnity would be due, but you continue to have access to medical care in the event you need it. If you drop the claim, you are actually saying you are not as "disabled" as you claimed due to your injury.

    You should consult with a WC attorney before you make any decisions.

  3. #3
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,062

    Default Re: Can I Drop a WC Case I Started the Filing It May Use Up My FMLA Leave Time

    Protect yourself- Get some legal advice before you do anything.
    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

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