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hello, i live in NYS, my claim was denied by WCLJ and was reversed by the panel in my favor. I have been out of work over 1yr. The board stated that from Oct. 2009----Oct.2011 will be held in abeyance until my next hearing to determine wage, if my disabilites progressed and lost time. Does this mean that they have to pay me for all that time? This claim was for low back injury, since then i also have fibromiagila and bursits ..Any feedback would be greatly appreciated.
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05-14-2012, 09:33 PM
(This post was last modified: 05-14-2012, 09:39 PM by 1171.)
if the denial of injury was reversed then generally yes.
except the disability benefits for the period in question will have to wait for a later determination; if there are other periods not in dispute they can be paid.
without reviewing the whole decision and knowing the issues it's difficult to say what can and can't be paid.
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my claim was established for an upper back injury and the issueis wether has a casually releated low back injury. All treating Dr's. (3) of my own and the IME concluded that i have the causally related chronic lumber syndrome, herinated disc. The Board Panel notes the record contains medical evidence of lowback pain on the date of accident 10/18/09. the case was returned to the trail calender for futher development of the record on the issues of average weekly wages, degreee of further casually related disability and awards. the case is continued.
Posts: 26
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my claim was established for an upper back injury and the issueis wether has a casually releated low back injury. All treating Dr's. (3) of my own and the IME concluded that i have the causally related chronic lumber syndrome, herinated disc. The Board Panel notes the record contains medical evidence of lowback pain on the date of accident 10/18/09. the case was returned to the trail calender for futher development of the record on the issues of average weekly wages, degreee of further casually related disability and awards. the case is continued.
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(05-14-2012, 10:06 PM)jerseylock Wrote: my claim was established for an upper back injury and the issueis wether has a casually releated low back injury. All treating Dr's. (3) of my own and the IME concluded that i have the causally related chronic lumber syndrome, herinated disc. The Board Panel notes the record contains medical evidence of lowback pain on the date of accident 10/18/09. the case was returned to the trail calender for futher development of the record on the issues of average weekly wages, degreee of further casually related disability and awards. the case is continued.
without a determination of your average weekly wage, disability benefits cannot be calculated.
sounds like the award only allows medical benefits at this time but does find the injury is covered.
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Thank you for the info....my hearing is 6/6/2012 once i have this how long would it take to start receiving benefits?
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Thank you for the info....my hearing is 6/6/2012 once i have this how long would it take to start receiving benefits?
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05-15-2012, 03:30 PM
(This post was last modified: 05-15-2012, 03:31 PM by 1171.)
either party has approximately 30 days to file an appeal or to make payment.
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depends if the judge says you are to recieve them within 10 days you will if he says within 30 you will
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thanks , another question if the IC wanted to appeal that decision do they still have to pay me until that appeal is over?