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normal calculating methods when two different % are given - Printable Version

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normal calculating methods when two different % are given - kevin5960 - 01-31-2016

After being denied a board appeal, because my attorney filed two days late, I choose to take the matter into my own hands and requested a full board review and with the request sent a lettern to my attorney firing him and his staff based on inadequit council.... I was given the the opportunity for a full board review......Okay my concern my original appeal was based on the fact that the law judge based my settlement on only the last slu given by the ins carrrier, thus not even entertaining my doctors slu of 52% insted choose a 12% slu from ins carrier dr. Question is in new york was is the normal procedure when determining a settlement when two different opinions are given and two different % of slu????????? Please now in full review what is it i can expect to happen ??????


RE: normal calculating methods when two different % are given - 1171 - 01-31-2016

No calculation or formula involved; just a choice.
Generally The medical opinion that is the most persuasive in the judgement of the trier of fact I.e judge, arbiter, mediator, etc.
the court,s decision has to be supported by unrefuted evidence.
If you can find errors, inconsistencies, oversights, faulty assumptions, etc. that were used to support the doctor,s findings and opinions, they should be pointed out and addressed.

I,m not sure what options you have to add to the board,s legal file that is under review.
If it,s not too late You may need a supplemental report from a physician to make the case and update the legal record. You could also depose the doctor and try to bring out those issues in their own testimony.
What you want to achieve is a solid legal evidencary record that will support an appeal should the full board deny your petition.
If the record is closed then you,ll have to make your own argument in your petition.

The majority of board reviews support the original decision.


RE: normal calculating methods when two different % are given - 1171 - 02-02-2016

you're welcome. glad i could help.


RE: normal calculating methods when two different % are given - kevin5960 - 02-03-2016

(01-31-2016, 06:25 PM)1171 Wrote: No calculation or formula involved; just a choice.
Generally The medical opinion that is the most persuasive in the judgement of the trier of fact I.e judge, arbiter, mediator, etc.
the court,s decision has to be supported by unrefuted evidence.
If you can find errors, inconsistencies, oversights, faulty assumptions, etc. that were used to support the doctor,s findings and opinions, they should be pointed out and addressed.

I,m not sure what options you have to add to the board,s legal file that is under review.
If it,s not too late You may need a supplemental report from a physician to make the case and update the legal record. You could also depose the doctor and try to bring out those issues in their own testimony.
What you want to achieve is a solid legal evidencary record that will support an appeal should the full board deny your petition.
If the record is closed then you,ll have to make your own argument in your petition.

The majority of board reviews support the original decision.



RE: normal calculating methods when two different % are given - kevin5960 - 02-03-2016

Thank you so much for getting back to me, so after a full board review is it my understanding that i still have alterntives, that i can seek?????


RE: normal calculating methods when two different % are given - 1171 - 02-03-2016

You can file an appeal if The full board makes an error but not if all you do is disagree with the result.