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NY Scheduled Loss of Use questions - Printable Version

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NY Scheduled Loss of Use questions - mach1dmb - 07-31-2018

I have some questions about a Workers Comp case. I had 1 case in 2015 for a fractured left wrist, and a 2nd case in 2017 for a fractured left hand. For the 2017 case I got an attorney and just completed a SLU. They said I have 0% loss of mobility, but gave me 10% loss to my hand for weakness as a result of "either the 2015 OR 2017 injury".

1) How will having 2 cases- and a discrepency of which injury had more cause for the loss, effect the outcome?

2) Is getting a 2nd SLU with a different doctor a good idea? Are all SLU's done the same? When I bend my hands back, my left wrist clearly only goes back about 40%. When I bend forward they are almost equal. I understand they use many variables, but I find it odd that I was given 0% loss of mobility, and they did not check this movement.


RE: NY Scheduled Loss of Use questions - goingback - 07-31-2018

double reply


RE: NY Scheduled Loss of Use questions - goingback - 07-31-2018

"Pre-Existing Condition Related to Prior Workers’ Comp Claim
If you previously injured the same body part in another workplace accident, your benefits for your current workers' comp claim will be reduced slightly to account for the prior workers’ compensation claim. Your employer will still be required to pay all of your medical bills for treatment related to this new work-related injury. Similarly, if you are unable to work, your employer will pay you temporary disability benefits (a.k.a time loss compensation benefits)."

Also:

"Tell your doctor about your previous workplace injury, and if possible, provide your current doctor with a copy of all your medical records related to the previous workers’ compensation claim. Your doctor can evaluate your condition to determine if it is a continuation of your prior workplace injury, or a new, but related, injury. The difference is an important one in terms of worker's comp claim processing and the filing of a claim in many states.

https://www.disabilitysecrets.com/resources/workers-compensation/workers-compensation-basics/pre-existing-condition.htm


RE: NY Scheduled Loss of Use questions - 1171 - 08-01-2018

Too many variables. Depends on the employers/carriers, quality of medical evidence, prior rating & earnings, local board, etc.

Sounds like you are looking for legal advice and strategy; someone with specific knowledge of the local doctors, judges, and case law.
If you don’t have an atty contact the advocate:
http://www.wcb.ny.gov/content/main/Workers/WhatIsAdvocateInjuredWkrs.jsp