Slu

[aminah]

Hi My name is Aminah,
I live in ny I had a index finger injury about 4 years ago and had to have a minor surgery on the finger. Every since the finger has not been the same. I started back going to physical therapy and my doctor gave me a 55% loss of use in the finger.

I went to the Ime doctor and I am waiting to hear what he is going to say. I also was given medical for life. My question is what happens now? can they take the medical away from me or do they offer a settelment. And if they do offer a settlement do i have to except it? Can I keep the medical. This has been four years now.

Thank you.

[1171]

(06-27-2012 09:42 PM)aminah Wrote:  Hi My name is Aminah,
I live in ny I had a index finger injury about 4 years ago and had to have a minor surgery on the finger. Every since the finger has not been the same. I started back going to physical therapy and my doctor gave me a 55% loss of use in the finger.

I went to the Ime doctor and I am waiting to hear what he is going to say. I also was given medical for life. My question is what happens now? can they take the medical away from me or do they offer a settelment. And if they do offer a settlement do i have to except it? Can I keep the medical. This has been four years now.

Thank you.

it depends what the issues are and the evidence. The IMEs opinion will be part of the evidence used by the comp court to decide what future benefits are needed.
if there is no dispute as to the need for future treatment then the court will likely award it.
if the IME agrees on the rating then additional disability payments will be made.
you can refuse any workers comp benefit at any time.

[aminah]

(06-27-2012 10:36 PM)1171 Wrote:  

(06-27-2012 09:42 PM)aminah Wrote:  Hi My name is Aminah,
I live in ny I had a index finger injury about 4 years ago and had to have a minor surgery on the finger. Every since the finger has not been the same. I started back going to physical therapy and my doctor gave me a 55% loss of use in the finger.

I went to the Ime doctor and I am waiting to hear what he is going to say. I also was given medical for life. My question is what happens now? can they take the medical away from me or do they offer a settelment. And if they do offer a settlement do i have to except it? Can I keep the medical. This has been four years now.

Thank you.

it depends what the issues are and the evidence. The IMEs opinion will be part of the evidence used by the comp court to decide what future benefits are needed.
if there is no dispute as to the need for future treatment then the court will likely award it.
if the IME agrees on the rating then additional disability payments will be made.
you can refuse any workers comp benefit at any time.

When you say the court will likely award you mean for me to keep the medical for life? what happens if the IMEs doesnt agree with the percentage that my doctor has given?

[1171]

yes, you could have life time care for the injury if it was needed.
if there are disputed medical opinions, the parties can negotiate a resolution or have the court decide.
more on NY comp here
http://www.wcb.ny.gov/