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If your disability rating is raised?????
#1
Hello,
I've posted here a few times in the past and got a lot of good responses. I'm now writing on behalf of a good friend who has been living a nightmare for the last two years dealing with WC. He's a NYC bus driver, in the beginning
all his doctor rated him 100% disabled based on MRI's and EMG's. Naturally as most of us are well aware of the insurance company"s IME only rated him 25%.
Now after 2 years of fighting with the insurance company, they sent him to a new IME, who has agrees that he is 100% and need emergency surgery.

He went to a hearing about a month ago and the judge granted surgery and ordered that his rating be raised to 100% Temporary Total Disabled. Now the question is, since it is now agreed he is 100% disabled is he entitled to the back money for the two prior years the insurance company only paid him at a 25% rating? His original MRI two years ago is the same as his latest which the new IME made his determination that he is now 100%, isn't it only fair he get all the back money. He has suffered financially throughout these last few years because the insurance company's original IME always seem to give a lower rating. Any answers and responses would greatly be appreciated. Thanks
 
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#2
the doctor and the judge need to state when the patient became temporarily totally disabled.
whether the disability status is retroactive and how far is a separate issue that has to be negotiated or brought back to the court.
without reviewing the medical evidence it's difficult to say which decision start date is supported.
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#3
Thank you for taking the time to respond. Hopefully the
issue can be raised to the court and his lawyer can
present the medical evidence for review.
 
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