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  1. #1
    Join Date
    Apr 2016
    Posts
    5

    Default So Many Questions About Slu

    Hi everyone! Hereís my long storyÖ

    I have a comp case open since 2013. I have received TTD for 52 some PPD for weeks following basically in 2013-2014. I have two injured scheduled body parts my knee and my ankle or leg and foot.

    My knee I was awarded 22.5% loss use in 2015. I was not paid anything since I was told they had paid me more than the award. I thought TTD benefits were not subtracted from the SLU? They were here and kept the entire SLU award. My lawyer said that it is correct. I was also awarded 0% SLU for my ankle at that time even with surgery because of an error in my doctorís reporting. There is nothing in my Ecase folder reflecting that they kept this award payment or why.


    Fast forward to 2019 I had to have a second ankle surgery. Finally in 2022 getting an award for 25% slu of my ankle plus 21 weeks of protracted healing, agreement arrived at by stipulation. My hearing was December 20th the decision filed December 22nd. My lawyer said that I would be getting this full amount after what happened the last time, I wanted to be sure.

    I have not received a check yet at all. I imagine they will have postmarked it after the 10 days if so, I will ask for the additional penalty for making my life terrible. Yes, out of spite.

    I did see a SROI-CB in my folder filed by the insurer 12/24 which I donít quite understand unless this is standard after an award. Today I logged into my Ecase and there is an SROI-PY form dated 1/3 stating they paid the larger part of the award in 2013 and then only a small amount for protracted healing and the incorrect amount to my lawyer paid 12/24. Anyone have any experience with these forms and what they might have said before you received your award. What do I do aside from call my lawyer if itís incorrect.

    My lawyer has Covid and is out until at least Thursday and I am sick to my stomach about all of this. I am pretty sure my lawyer isnít great which isnít helping how badly I feel. Heís nice but, is he incorrect on some of this stuff?

    Thanks in advance for any help or guidance here. Happy New Year!

  2. #2
    Join Date
    Oct 1971
    Posts
    5,219

    Default Re: So Many Questions About Slu

    What do I do aside from call my lawyer if it’s incorrect.
    You can't do anything without your lawyer, it would be a violation of attorney client privilege.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Apr 2016
    Posts
    5

    Default Re: So Many Questions About Slu

    I donít Intend to. I was hoping there was someone who maybe has had something similar happen that could answer some of my questions or maybe help me understand what is going on with this. I canít talk to my lawyer again for a couple of days and was hoping I could get some hope for resolution here. Iím so sad and tired of this system I thought I was done with it.

  4. #4
    Join Date
    Oct 1971
    Posts
    5,219

    Default Re: So Many Questions About Slu

    I did see a SROI-CB in my folder filed by the insurer 12/24 which I don’t quite understand unless this is standard after an award.
    That is a "Subsequent Report of Injury - Report Type (MTC) CB-Change in Benefit Type"
    That form should explain everything.

    Here's the form
    http://www.wcb.ny.gov/content/ebiz/e...ms/SROI-CB.pdf

    form dated 1/3 stating they paid the larger part of the award in 2013 and then only a small amount for protracted healing and the incorrect amount to my lawyer paiSROI-PYd 12/24
    that is a "Subsequent Report of Injury - Report Type (MTC) PY-Payment Report
    Again, it should explain everything.

    Here's the form
    http://www.wcb.ny.gov/content/ebiz/e...ms/SROI-PY.pdf

    There shouldn't be any surprises, all of this stuff was reviewed and agreed upon by your lawyer, they don't change facts after the final award agreement.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Apr 2016
    Posts
    5

    Default Re: So Many Questions About Slu

    Since the ďcredit for payments already madeĒ took my whole SLU award the first time for my leg, my lawyer said I should be getting the whole SLU for my foot and protracted healing less his fee prior to our court date. The judge awarded and accepted the stipulation agreement at the hearing on 12/22. My question I guess is, do I have to have my attorney file more paperwork to get them to issue the award for the amount in the SLU decision?

    I guess I am confused because based on the forms SROI just filed says they are taking credit a second time for payments made. Sorry, I am probably explaining this all poorly but, I understand what they say. I am saying they are not correct as they canít claim credit for payments already made twice. I may need to ask my lawyer to have them show an accounting of payments already made since the amounts are all over the place on what was awarded and what they have actually paid.

    There isnít anything in my Ecase about them keeping the prior SLU on the leg for payments already made either which I thought was strange.

    Thanks for taking the time to respond.

  6. #6
    Join Date
    Oct 1971
    Posts
    5,219

    Default Re: So Many Questions About Slu

    You have my head spinning - if there was a discrepancy in the final award because of an error in the Benefit Type or the Payment Report your lawyer should've corrected the record at the time.
    It's a little late to now challenge a stipulated agreement due to your lawyer's neglect.

    Again, I'm just shooting from the hip based on what you've posted, only your lawyer can give definite advice based on the facts of your case.
    There may be stipulations in the final award to correct the errors in the above mentioned.
    Unless there was a factual error pertaining to the stipulated agreement, there is little or no basis for an appeal.

    Good Luck
    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  7. #7
    Join Date
    Apr 2016
    Posts
    5

    Default Re: So Many Questions About Slu

    Yeah, I definitely made this more confusing. I have 2 scheduled body parts hurt in the same accident. Apologies for that.

    I had an SLU in 2016 for my leg. 22.5%

    I had an additional SLU 25% for my foot that was awarded on 12/22 a couple weeks ago.

    Basically, the first SLU (leg) was taken for payments already made so I didnít receive any additional money outside of my TTD payments paid weekly while I was out of work.

    The foot (2nd SLU) was supposed to be awarded at 25% plus the protracted healing 22 weeks awarded via stipulation and confirmed by the judge on 12/22/21. My lawyer said to expect the full amount.

    According to the SROI-PY filed 1/3/22 they did not issue the check for full award amount. They are basically subtracting same amount they took from the first SLU.

    So, I imagine he will need to go back to the board to fix this. They essentially are taking credit for payments already made twice. Sorry if it still makes no sense. Thanks again for attempting to sort it out with me.

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