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

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  1. #11
    Join Date
    Oct 1971
    Posts
    3,428

    Default Re: How Can I Get My Benefits Reinstated

    MGR51
    I am getting SSD because they have declared me totally disabled for life using the same information that workers compensation has from my doctors.
    SS uses a different definition of total disabled than worker comp.
    This explains the differences between the two systems.

    SSA defines disability as "the inability to engage in any substantial, gainful activity by reason of any medically determinable physical or mental impairment(s), which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months."[5, 6, 7, 8]
    Workers' compensation systems usually define disability as a reduction in wage-earning capacity as a result of an injury, illness, or occupational disease that arose out of, or in the course of, employment.

    Distinguishing the difference between impairment and disability is imperative.
    One individual can be impaired significantly and have no disability, while another person can be quite disabled with only limited impairment. For example, a person with paraplegia who is wheelchair-bound may be working full time quite successfully as an accountant and, therefore, would not meet the SSA's definition of disability.

    Many workers' compensation systems allow for partial disability, generating a need for the AMA Guides to measure the extent of the impairment as related to normal functional capacity.[12, 13, 14]
    The SSA disability program, on the other hand, is an all-or-nothing type of program; the claimant is considered either entirely disabled or not disabled.
    http://emedicine.medscape.com/articl...view#aw2aab6b3

    You could very well lose your comp wage loss payments by refusing work within your restrictions but retain your SSDI payments.
    Or, you could loose your SSDI payments by accepting work within your restrictions if you work over the hours allowed by SSDI

    You need to find an attorney who knows what he's doing and file for a finding of “Total Industrial Disability,”
    As stated in my earlier post:
    However, it is critical for those who read this page to understand that the Work-Search requirement will not be relieved until after a Judge (not the claimant’s doctor) has determined that the disabled worker no longer needs to look for work and all appeal rights have been exhausted.
    http://criscuololaw.com/workers_comp...isability.html

    Keep Up The Fight!
    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  2. #12
    Join Date
    Dec 2011
    Posts
    287

    Default Re: How Can I Get My Benefits Reinstated

    Quote MGR51: "
    "I was classified as "totally/partially disabled"

    http://www.wcb.ny.gov/content/main/h...lines/FAQs.jsp

    Impairment Rankings
    1.Do the 2012 Guidelines apply to temporary disabilities? No. Medical providers should continue to determine temporary disability as they have previously.
    Temporary medical impairment should be rated according to the scale of mild, moderate, marked and total, and converted into a percentage as follows:◦Mild - 25%
    ◦Mild to Moderate - 33%
    ◦Moderate - 50%
    ◦Moderate to Marked - 67%
    ◦Marked - 75%
    ◦Total - 100%

    2.Is Mild, Moderate and marked no longer being used? Are the new choices only Temporary Total, Temporary partial, Permanent Total, Permanent partial? Mild, moderate and marked may be used for evaluating temporary disability, though they should be converted to a numerical value (see General #5). In determining permanent impairment severity for non-schedule disabilities, the physician should use the letter severity grades instead (when available).
    3.When do you need to do a severity rating? Is it only when permanency has been established? A severity ranking should be provided when you believe (or the WCB has determined) that the claimant has a permanent disability.
    4.How should a provider evaluate medical impairment and functional capability when the claim involves both schedulable and non-schedulable body parts? If the claim involves both schedulable and non-schedulable body parts, the provider should evaluate and rank the impairment of each body part or system separately in Section E 1(b) of the C-4.3 as non-schedule impairments. The provider will not be able to give a severity rank for the schedulable body parts but should document history, physical findings, and diagnostic test results for each body part. In completing Section F, the provider should consider the impact of all of the medical impairments collectively in determining functional capabilities and exertional abilities.
    5.How do you apply impairment ratings for multiple body parts? Permanent impairment should be rated for each body part separately using the appropriate table.
    --------------------------------------------------------------------------------

    - - - Updated - - -

    "retirement will be considered “voluntary” versus “involuntary” is not a simple one. No worker currently drawing weekly benefits should quit or "retire" without first consulting an experienced Workers' Compensation attorney. "

    http://criscuololaw.com/workers_comp...nt_issues.html

    Also another link you can read:

    http://nyworkerscompguide.blogspot.c...etirement.html

    Read both, they will help.
    Last edited by goingback; 12-09-2013 at 04:27 AM.

  3. #13
    Join Date
    Nov 2011
    Posts
    11

    Default Re: How Can I Get My Benefits Reinstated

    learn the rules and then break them. reattachment to the labor means that your case will be opened again and get the benefits released. workers comp is not about doing justice to claimants, its about about learning the rules and then breaking them. you are not required to find work but to look for work within your restrictions. go to workforce 1 one and aces-vr and document your work search. no body is going to hire as you are injured.

    - - - Updated - - -

    Attorneys are interested only in money and they never advise claimants. lucky me, I read workers compensation law myself including appeals to third department

  4. #14
    Join Date
    Oct 1971
    Posts
    3,428

    Default Re: How Can I Get My Benefits Reinstated

    Quote Quoting ianesteve View Post
    learn the rules and then break them. reattachment to the labor means that your case will be opened again and get the benefits released. workers comp is not about doing justice to claimants, its about about learning the rules and then breaking them. you are not required to find work but to look for work within your restrictions. go to workforce 1 one and aces-vr and document your work search. no body is going to hire as you are injured.

    - - - Updated - - -

    Attorneys are interested only in money and they never advise claimants. lucky me, I read workers compensation law myself including appeals to third department
    Excellent advice, I couldn't have said it better.

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  5. #15
    Join Date
    Aug 2013
    Location
    New York
    Posts
    10

    Default Re: How Can I Get My Benefits Reinstated

    Quote Quoting ianesteve View Post
    learn the rules and then break them. reattachment to the labor means that your case will be opened again and get the benefits released. workers comp is not about doing justice to claimants, its about about learning the rules and then breaking them. you are not required to find work but to look for work within your restrictions. go to workforce 1 one and aces-vr and document your work search. no body is going to hire as you are injured.

    - - - Updated - - -

    Attorneys are interested only in money and they never advise claimants. lucky me, I read workers compensation law myself including appeals to third department
    Needs to be a sticky !

  6. #16
    Join Date
    Nov 2013
    Posts
    6

    Default Re: How Can I Get My Benefits Reinstated

    Quote Quoting Mikenotwork View Post
    Needs to be a sticky !
    Have not been able to return and post due to medical reasons. For how long do you need to search for work to satisfy the board? Going back to your post of 12/26 you are so right. Breaking the rules comes so easy for the board since they seem to think they are above the law. There is no doubt in anyone's mind that attorneys only see $$ signs when clients walk in their doors. Advising clients correctly is not to their benefit at all. Yes, you are a lucky person to be knowledgeable enough to read workers compensation law. A lot of people have a hard time understanding it and making sense of it.

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