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( New York)Settlement coming ? Anyone have similar circumstances?
First time user here..I've been unfortunate enough to have been injured in the course of my job back in March of 2012. My initial diagnosis was moderate herniation of disk at L4 -L5 which got progressively worse causing me severe pain in my lower back and legs. I was fired from my job shortly after my claim was accepted .
In October of 2012 I had surgery to alleviate my pain but it went horribly wrong and within 24 hours of the first surgery I underwent an emergency surgery due to severe symptoms of cauda equina , I've never been the same after the surgery and suffer daily due to my injuries . All of my doctors have rated me permanent total disabled .
The carrier sent me to their IME doctor six times and the same doctor agreed with my doctors and finally carrier changed doctors to one that literally spent 8 minutes with me without an actual exam and rated me 75% temp which is ludicrous given my history and going on 3 years with only worsening symptoms .
That was back in April. We agreed to rate me @ 87.5 percent at next hearing after that IME visit and then I was diagnosed with depression and anxiety related to my injury bringing me back to 100% which is where I am now .
60 days ago my neuro surgeon deemed me to be at MMi so my lawyer filed for a permancey hearing and the comp board ordered the carrier to get another IME done to comment on the permanency and mmi / disability rating.
Fast forward and I am 9 days from the hearing and the carrier never sent me to the IME for permanency and mmi . They've said at past hearing they were interested in section 32 but have rebuffed my lawyers attempts to negotiate .
I'm sick and tired of suffering , of going through my financial hardships etc. sick of lawyers and insurance company b.s.
Does anyone have any similar circumstances and if so what was the outcome?
Depression , anxiety and cauda equina were all amended to be included in my claim.[/size][/font]
with your potential high level of disability they are likely to continue to litigate the issue.
if you agreed to an 87.5 % rating and now it switched to 100%, the case reverted back to same standoff before the agreement--they likely see that they have little to lose by continuing the dispute.
"Footer/signature" used in all my posts:
........Each state has their own comp system. We need to know which state the claim was filed in to provide accurate information.........

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