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  1. #1
    Join Date
    Sep 2008

    Default Workers Comp Overpayment

    I am new to this forum and wondered if you can help me figure this out. I will tell you first of all that I am from NY and was suffered a back injury on 11/21/07. I have been out of work since 12/27/07 and had a laminectomy and foraminotomy in May. On July 29th I was given a return to work with restrictions 20lbs, no lifting or bending. I can no longer do this job as it requires me to repetitively lift 50 lbs. Which is devasting to me. Ok, so last Friday I had a hearing in which they said I was ppd at a 60% disability. Little did I know that at first you only get 2/3 of your AWW now they take another 40%. So I went from $737 AWW to $491TTD and nowI get a little over half of that appx $295 per week. What I have a question about is they say I have to pay them back as I was overpaid from 7/31 on. My surgeon sent in all info to W/C and they didn't get it so now I have to pay them back what they overpaid me. Also everything went to my employer hand delivered. DO I really have to pay them back? I am not trying to screw the system, just want what is rightfully mine. I do plan on doing vocational rehab and learning a new skill as I can't stand not working. Also how much schooling will vesid pay for? Thanks for any info you can give me. I do have a lawyer I like and he has helped me alot, but I hate to call him everyday with questions. Oh and my back surgery went fine. Thanks again.

  2. #2
    Join Date
    Oct 2006

    Default Re: Regarding Hearing

    just have them deduct the amount from the future payments or end the impairment payments a few weeks sooner.
    If you got more disability benefits the the law allows they are not required to keep paying.

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