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nys section 32
#1
i am from the state of ny. i am wondering if anyone has received a section32 settlement, i want to settle my case my lawer has sent to demand letters carrier won't respond i am currently still receiving ttd payments for almost 3 years now, my diagnosis is sprains and strains in my back and knee, the ins. carrier is harrasing me about my job search again but they are still paying me, went to last ime in march of this year for a classification and ime md said i have a moderate ppd my doctor is saying 85%, the carrier tried to do an apportionment on my old back injuries but there own md is saying that there isn't going to be any apportionment, so now the carrier is scared to get me classified, before i got injured i made 65000 a yr, i currently get 540 a wk, my injuries are from 2009, my question is does the ins. carrier usually ignore demand letters.
 
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#2
yes.
the best way to get them interested is to get a hearing date scheduled.
the closer it gets, the more their lawyers will try to avoid it -- even might go so far as to give you a settlement figure.
but if you are looking to get the highest value then go after lifetime care and periodic payments and wait them out.
whoever wants the settlement the most, will cost them the most.
 
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#3
(08-18-2011, 06:26 PM)1171 Wrote: yes.
the best way to get them interested is to get a hearing date scheduled.
the closer it gets, the more their lawyers will try to avoid it -- even might go so far as to give you a settlement figure.
but if you are looking to get the highest value then go after lifetime care and periodic payments and wait them out.
whoever wants the settlement the most, will cost them the most.

thank you for your help, my attorney demanded 163,000 which is to include medical, indemity, and attorney fees which is 15%, the carrier has had pi watching me, i called the cops on them and they backed off but they have now started back up again, they just sit and watch my house, my attorney said that i cannot make the carrier settle, but if i get classified with a ppd then they will have to dump all this money into an atf account within 6 months or settle.
 
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#4
I am also in NYS and going thru the same thing right now. The ins. carrier sent me for an IME and I was classified PPD marked 75%. (We decided to accept that classification on it's own) I am still receiving bi-weekly checks and medical. My attorney just submitted a demand letter last week, he said since I worked for the government it is likely they will not settle out due to them being self insured and budget constraints, being able to pay out a large sum all at once. BUT, he said we never know! I also have to maintain the active job search which is difficult being the injuries are in both hands.
Live, Laugh, Love ~
 
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#5
I am also in NYS and going thru the same thing right now. The ins. carrier sent me for an IME and I was classified PPD marked 75%. (We decided to accept that classification on it's own) I am still receiving bi-weekly checks and medical. My attorney just submitted a demand letter last week, he said since I worked for the government it is likely they will not settle out due to them being self insured and budget constraints, being able to pay out a large sum all at once. BUT, he said we never know! I also have to maintain the active job search which is difficult being the injuries are in both hands.
Live, Laugh, Love ~
 
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#6
the insurance carrier has had me at a hearing twice already for job searches, they were trying to make it seem as if i weren't looking for work, because my attorney instructed me to never send them my job searches because this insurance carrier has a tendcy of lying and saying that they never received any job searches, but when they make me come in for a hearing i always have a good job search and the judge finds that i was compliant and orders the carrier to continue my payments, the carrier even tried to hook me up with a vocational rehab and my lawyer stopped that, the vocational rehab is no longer able to contact me per my attorney, how ever my attorney told me to look for 5 jobs a day and that is very hard, but no one is going to hire a person on workers comp.
 
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#7
the insurance carrier has had me at a hearing twice already for job searches, they were trying to make it seem as if i weren't looking for work, because my attorney instructed me to never send them my job searches because this insurance carrier has a tendcy of lying and saying that they never received any job searches, but when they make me come in for a hearing i always have a good job search and the judge finds that i was compliant and orders the carrier to continue my payments, the carrier even tried to hook me up with a vocational rehab and my lawyer stopped that, the vocational rehab is no longer able to contact me per my attorney, how ever my attorney told me to look for 5 jobs a day and that is very hard, but no one is going to hire a person on workers comp.
 
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#8
yes, it is very difficult to do the job searches. I find that I am seeing the same jobs all of the time. In addition to all of that, I have applied for SSD so I am in a catch 22 with the whole being able to work/look for work. I have only been to 1 hearing regarding the job search thus far, but am sure there will be more to come. I log everything, even the jobs I cannot apply for due to my restrictions. i believe I am required to have 5 a week, which is still hard, let alone 5 a day....I am also in the process of the VESID vocational rehab. The paperwork takes months to get complete before i can even get an intake appointment, but I have to do this, so my attorney tells me, or that I should because then the ins. co. will not be breathing down my neck...I don't understand all of this, but my case started back in 2006, had 10 surgeries and was fired from job in July 2010. Just want it all over, sick of WC and that is exactly what they want...us to be, fed up. AARRRGGGHHH!!






Live, Laugh, Love ~
 
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#9
yes, it is very difficult to do the job searches. I find that I am seeing the same jobs all of the time. In addition to all of that, I have applied for SSD so I am in a catch 22 with the whole being able to work/look for work. I have only been to 1 hearing regarding the job search thus far, but am sure there will be more to come. I log everything, even the jobs I cannot apply for due to my restrictions. i believe I am required to have 5 a week, which is still hard, let alone 5 a day....I am also in the process of the VESID vocational rehab. The paperwork takes months to get complete before i can even get an intake appointment, but I have to do this, so my attorney tells me, or that I should because then the ins. co. will not be breathing down my neck...I don't understand all of this, but my case started back in 2006, had 10 surgeries and was fired from job in July 2010. Just want it all over, sick of WC and that is exactly what they want...us to be, fed up. AARRRGGGHHH!!






Live, Laugh, Love ~
 
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#10
i did inquire about ssd but they told me i get too much a moth from w.c which is only 540 a wk, i also get unemployment benefits as well, i did try to get vesid but they told me because a nys alj has't classified me that they can't help me, so i am just waiting to see what the ins. co will do
i did inquire about ssd but they told me i get too much a moth from w.c which is only 540 a wk, i also get unemployment benefits as well, i did try to get vesid but they told me because a nys alj has't classified me that they can't help me, so i am just waiting to see what the ins. co will do
 
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