My workers compensation claim was made in the State of: NY
Since 2000 I've rec monthly ck and doctor and prescription benefits. Case was closed in 2000. I was advised by attrny it couldn't be reopened unless i opted for surgery etc. Partial permanent disability re herniated discs was declared.
Every year I filled out claimant verification form for carrier, provided tax return copies when requested and was also visited a few times by carrier agent who verified same info ( not working, 2 prescriptions for pain- anti inflammatory) Doctor's info etc. I have seen a neurologist on a regular basis since case closed in 2000, the same one who gave medical evidence during case hearings. Case is handled by a carrier who reps original insurance comp who is in a run off. They've had it since almost the outset.
I just rec letter from WCB responding to carrier request to stop payments saying it's a voluntary retirement, withdrew from labor market. I was unaware they sent this back in April 2013. WCB denied it, stated they reviewed the case file and see no evidence of it and told carrier they need proof. All doctors reports since 2000 have been sent to WCB as required.
Also I rejected a few sec 32 offers over the years, not in my best interests.
I was surprised to find out they attempted this action, given the time frame . I've read up on it since letter. I also responded to WCB advising them I've cooperated with all carrier requests, still have same unchanged med condition which forced me out in the first place.Gave all info as stated above. This is the first time any question has come up re: benefits , labor market etc.
Does anyone know where carrier goes from here and what chance to succeed? I know this appears to be a sticky area but again at close of case I was advised they could not adjust anything, it was a done deal and benefits were permanent.
Also how can they claim I volutarily withdrew if physical/medical condition is exact same, if not worse, still on two meds etc when it;'s why I was awarded benefits in the first place. It took 13 years for them to approach this tactic, seems quite odd.