Loss of use settlement/ New York State

[brandymae]

I received from my Doctor the report of MMI was 55% loss of use. My lawyer did request a hearing with NYS workers comp for loss of use. I am waiting to hear what date is for hearing. I have been reading and trying to figure out what settlement I might be looking at (monetary). I went to NYS sight and found to different tables to try to figure out amount . Do they base award on what payment would be on 100% wc's ? After my surgery for shoulder I received 346 a week for 8 weeks and then it went down to 75% then 50% util I went back to work.
My injury was to my shoulder, I am working now but with restrictions. If anyone can help me with this I would appreciate it.
I am 52, so still have a few work years to do before getting social security

[1171]

(07-06-2012 05:33 PM)brandymae Wrote:  I received from my Doctor the report of MMI was 55% loss of use. My lawyer did request a hearing with NYS workers comp for loss of use. I am waiting to hear what date is for hearing. I have been reading and trying to figure out what settlement I might be looking at (monetary). I went to NYS sight and found to different tables to try to figure out amount . Do they base award on what payment would be on 100% wc's ? After my surgery for shoulder I received 346 a week for 8 weeks and then it went down to 75% then 50% util I went back to work.
My injury was to my shoulder, I am working now but with restrictions. If anyone can help me with this I would appreciate it.
I am 52, so still have a few work years to do before getting social security

see chapter 8:
http://www.wcb.ny.gov/content/main/hcpp/...tGuide.pdf

[brandymae]

Thank you , I saw that chart. I also saw another chart on workers comp sight for new york that said 350 weeks for 51% to 60% loss. That is why I was confused as to how many weeks they calculate.

[1171]

(07-07-2012 02:40 PM)brandymae Wrote:  Thank you , I saw that chart. I also saw another chart on workers comp sight for new york that said 350 weeks for 51% to 60% loss. That is why I was confused as to how many weeks they calculate.

You asked for loss of use.
the other chart is for loss of wage earning capacity; they are different.