I injured myself at work by lifting and have 2 herniated disks in my lower back as a result.I have an existing claim since 10/07 and my Dr had deemed me as having a marked partial disability.I was asked to see 2 different Dr's by the insurance carrier.The first said i have a marked partial disability then recently the second Dr lowered it to a mild disability.This resulted in a drastic reduction in my wages which is the lowest it can go.I have an attorney but i'm not sure if i'm getting the best representation.My attorney and the insurance carriers hosted a phone conversation with my Dr and the Dr who lowered my disability and now my attorney says they've offered to meet in the middle and say it's a moderate disability with a small increase in my wages. I am not comfortable excepting this but the attorney says if i don't except the final decision could take months and the judge typically will meet in the middle and i'll end up with the rate they are offering right now or worse the ridiculous rate i'm at now. The report from the Dr who lowered my disability said false things like i had received a series of cortisone injections for my pain when i had not,he said i was able to take off my shoes&socks-not true,I wish!I had worn sandles that slipped off.the lawyer says i can't do anything about that.IS THAT TRUE? ANY ADVICE WELCOME,SHOULD I GET A NEW LAWYER OR ACCEPT THE OFFER??
Hi Ny,
Im from NY and my case was closed in Aug after 7 yrs on Comp . I was deemed Marked Partially disabled Inclusive of Industrially disabled. It means i dont have to continue looking for work . I also have full medical and benefits for life. Your lawyer is right about the judge going down the middle . Its unfortunate that the system works this way. Most IME Drs have no heart and are only concerned with the Green and since the IC pays them , thats who they fight hard for. Unless you can 100 % proove the IC lied in his report its pretty much pointless in making an issue of it. Crossing my fingers that it all works out good for you. Sher
you should talk to other attys about taking your case and then decide.
you may not find many takers and the decision may become easier.
Hi Ny,
Im from NY and my case was closed in Aug after 7 yrs on Comp . I was deemed Marked Partially disabled Inclusive of Industrially disabled. It means i dont have to continue looking for work . I also have full medical and benefits for life. Your lawyer is right about the judge going down the middle . Its unfortunate that the system works this way. Most IME Drs have no heart and are only concerned with the Green and since the IC pays them , thats who they fight hard for. Unless you can 100 % proove the IC lied in his report its pretty much pointless in making an issue of it. Crossing my fingers that it all works out good for you. Sher
Thanks so much for the reply!Wow 7 years,my heart goes out to you!! I am about to get my third cortisone/steroid injection for my pain,they take the edge off a little but really haven't helped.I have seen 4 surgeons for opinions and only Dr. Jack Stern (based out of nyc-the best around-so i here)said to come back after the injections and discuss the type of surgery.As i'm sure you know it's 50/50 chance it may work or make me worse.
If i agree to meet in the middle then have surgery that doesn't work, Do they evaluate my condition and could my wages increase? What made them deem your condition permanent? Was it after surgery or just the amount of time?
Thanks, CJ
Thanks so much for the reply!Wow 7 years,my heart goes out to you!! I am about to get my third cortisone/steroid injection for my pain,they take the edge off a little but really haven't helped.I have seen 4 surgeons for opinions and only Dr. Jack Stern (based out of nyc-the best around-so i here)said to come back after the injections and discuss the type of surgery.As i'm sure you know it's 50/50 chance it may work or make me worse.
If i agree to meet in the middle then have surgery that doesn't work, Do they evaluate my condition and could my wages increase? What made them deem your condition permanent? Was it after surgery or just the amount of time?
Thanks, CJ
Hi, Im from Upstate. I had back surgery in Aug 05 . It didnt work. once i had the surgery i was told i would have to wait 2 yrs to be considered for permanancy and i was evaluated again . I am not positive about how it works once you settle in the middle whether you can reopen your case and be reevaluated . 1171 should be along to answer your question. Wish i was more help. I had the injections also. They didnt help at all. Actually i believe they made it worse. Sher
you should be aware that "spliting -the-difference" negotiated solutions can also be good for the atty e.g. the fee per hour worked is higher. Preparing and going to court requires a lot of atty time for a small chance of higher settlement amount (and fee.)
So both the atty and the courts have a bias toward negotiated resolution. In my opinion it's that bias that drives the work comp system to create issues and not resolve them.
If you are going to have surgery within the next few months you should wait before finalizing your disability. there is a time limit for reopening a claim and there are exceptions contained in caselaw. I don't know the details for New York so you'll have to discuss it with your atty.