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NYS Comp Case with municipality
#1
Hi all, new to this forum stubbled across it while looking for WC info...
I work for a municipality so I have NYS WC rules/regs to work within as well as a CBA. I was injured 2/2008, severe ankle sprain. I received full pay for the month I was out and returned. Never went before WCB, didn't know any better. I reinjured ankle in fall 2010, case was accepted and listed as a reoccurance to original injury.
Second injury was more severe than first and I was out 2 1/2 months. I returned to work and began to have intermittent lost time with numbness, pins needles in foot. Then pain became severe and foot doc referred me to back doc saying that the pain I had was due to back not foot.
This is where is starts to get complicated...my employer, who is self insured said back not part of my claim. Foot doc provided report stating back prob due to foot in March 2011. Employer accepted but would only allow MRI, no tretment, no doc visits. Finally I was able to get MRI in May which showed 2 herniated discs, buldging disc and sciatica, thus the pain in leg and foot. Since I was told it would be fraud to use my private insurance and WC claim was not controverted, I waited and waited. The pain became so severe I was unable to walk, sit, stand or drive, so back doc disabled me end of May. Finally, the WCB met in June, ALJ accepted back, but employer wanted IME. IME admitted back a week ago. So I thought everything was good to go.
Now my employer is saying that I have been over paid and owe back payroll I was paid as well as removing me from payroll, suspending my direct deposit, denying me my raise per our CBA, etc.
What I don't understand is if my case was never contested or controverted how can I be penalized by my employer since all the medical is in order? The other problem is that the employer keeps making me wait all of this time and CBA says that if I am out on WC for 39 weeks I will be terminated.
I do have attorney since 12/2010 and by all accounts he has done what is necessary, but I can't figure how it makes any sense to have me sit home in excrutiating pain when all I want is medical care so that I can return to work and get back to a normal routine. Attorney says he will file 'request for relief'... I also thought that WC is to protect both employee and employer, I certainly don't feel protected at all!
I'd greatly appreciate any thoughts, comments or suggestions that could assist me - thanks!
 
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#2
the law allows an employer the right to disagree or object to any claim.
those disputes ultimately have to be resolved by the comp court if they can't be negotiated.
if you file for a penalty the comp court will review reasons why the employer
withheld benefits and rule accordingly.
i suppose any party to litigation that thinks their position is correct and has to wait for the court to rule feels frustrated.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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