Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Lifetime Benefits?
#1
Hello everybody!

I have a question I am not sure about and would like some help on it.
I have been hurt since May 2008, and classified as a permanent partial with a 75% disability for my lower back and leg. I would like to know if I am entitled to lifetime benefits or if I am under the new law that was passed in 2010 which caps out in 10 years. I have not talked to my lawyer since 2009 in regards to this issue. Back then he told me that The new law has a cap and I might fall into to it. I know good ole Spitzer first ok this back in 2007,but it did not take effect until 2010. Any help would be appreciated.

Thank You!
ragingbull27 in New York
 
Reply
#2
Are you referring to the non-scheduled injuries after march 13, 2007?
http://www.wcb.ny.gov/content/main/onthe...yClass.jsp

You should contact you lawyer again or contact the comp board
http://www.wcb.ny.gov/content/main/Contact.jsp
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.
 
Reply
#3
(05-24-2013, 06:39 PM)1171 Wrote: Are you referring to the non-scheduled injuries after march 13, 2007?
http://www.wcb.ny.gov/content/main/onthe...yClass.jsp

Hello 1171....Yeah, I know about the wcb ny site and it shows the number of weeks for partial permanent disability with the before and after march 13, 2007. I was told though by other sources that I might fall into the old benefits which entitles me to lifetime benefits, because of when this cap went into effect in 2010. It says 2007, but that did not take place until after December 2010. So, thats what I am questioning, if I fall into the old plan or the new plan. Did anybody get hurt in 2008? What was the outcome?

Thanks!
 
Reply
#4
i was injured on 5-29-07 and 6-20-07. 4 cervical disk removed- 1 knee replacement and 1 concilquentiol injury to the other knee. my neck was rated at 82% the new laws say i get about 10 years worth. then my atty. says we go back before the wcb judge and if nothings changed then it starts over again. also at the rating hearing the judge took me off the labor board. so i'll have this disability and probility more the rest of my life.
 
Reply
#5
(05-24-2013, 06:48 PM)ragingbull27 Wrote:
(05-24-2013, 06:39 PM)1171 Wrote: Are you referring to the non-scheduled injuries after march 13, 2007?
http://www.wcb.ny.gov/content/main/onthe...yClass.jsp

Hello 1171....Yeah, I know about the wcb ny site and it shows the number of weeks for partial permanent disability with the before and after march 13, 2007. I was told though by other sources that I might fall into the old benefits which entitles me to lifetime benefits, because of when this cap went into effect in 2010. It says 2007, but that did not take place until after December 2010. So, thats what I am questioning, if I fall into the old plan or the new plan. Did anybody get hurt in 2008? What was the outcome?

Thanks!

(05-25-2013, 11:33 AM)nyhurt Wrote: i was injured on 5-29-07 and 6-20-07. 4 cervical disk removed- 1 knee replacement and 1 concilquentiol injury to the other knee. my neck was rated at 82% the new laws say i get about 10 years worth. then my atty. says we go back before the wcb judge and if nothings changed then it starts over again. also at the rating hearing the judge took me off the labor board. so i'll have this disability and probility more the rest of my life.

Hello nyhurt....So what you are saying is that they will pay you for 10 years and if you do not get any better they will reopen your case again and start from the begining? Let me know if I am saying this correctly. Also, you said the judge took you off the labor board, does that me you cannot work? Or does it means you do not have to look for work. Hope to hear from you!
 
Reply
#6
(05-29-2013, 12:22 PM)ragingbull27 Wrote:
(05-24-2013, 06:48 PM)ragingbull27 Wrote:
(05-24-2013, 06:39 PM)1171 Wrote: Are you referring to the non-scheduled injuries after march 13, 2007?
http://www.wcb.ny.gov/content/main/onthe...yClass.jsp

Hello 1171....Yeah, I know about the wcb ny site and it shows the number of weeks for partial permanent disability with the before and after march 13, 2007. I was told though by other sources that I might fall into the old benefits which entitles me to lifetime benefits, because of when this cap went into effect in 2010. It says 2007, but that did not take place until after December 2010. So, thats what I am questioning, if I fall into the old plan or the new plan. Did anybody get hurt in 2008? What was the outcome?

Thanks!

(05-25-2013, 11:33 AM)nyhurt Wrote: i was injured on 5-29-07 and 6-20-07. 4 cervical disk removed- 1 knee replacement and 1 concilquentiol injury to the other knee. my neck was rated at 82% the new laws say i get about 10 years worth. then my atty. says we go back before the wcb judge and if nothings changed then it starts over again. also at the rating hearing the judge took me off the labor board. so i'll have this disability and probility more the rest of my life.

Hello nyhurt....So what you are saying is that they will pay you for 10 years and if you do not get any better they will reopen your case again and start from the begining? Let me know if I am saying this correctly. Also, you said the judge took you off the labor board, does that me you cannot work? Or does it means you do not have to look for work. Hope to hear from you!


my atty. was wanting to get me above 79%. but at rating hearing the judge put me at 82.50% so i asked my atty. what that meant and he says that would take me above the caps. i told him thats only 450 weeks, what happens after that. and he told me, if the ins has not settled with me, my case would be brought back up before the wc courts. also because of my injuries, my age, my education. the judge says the claimant has been involuntarily removed from the labor market. no i do not have to look for a job. no one would hire me. with the nerve damage in my arms, neck , shoulders. id be a liability. want to know more, pm me please.
my atty. was wanting to get me above 79%. but at rating hearing the judge put me at 82.50% so i asked my atty. what that meant and he says that would take me above the caps. i told him thats only 450 weeks, what happens after that. and he told me, if the ins has not settled with me, my case would be brought back up before the wc courts. also because of my injuries, my age, my education. the judge says the claimant has been involuntarily removed from the labor market. no i do not have to look for a job. no one would hire me. with the nerve damage in my arms, neck , shoulders. id be a liability. want to know more, pm me please.
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  maryland-settlement and WCMSA lifetime tammy68 4 1,545 05-06-2020, 06:40 PM
Last Post: 1171
  Lifetime medical payout Jerry_Rivera 2 1,300 03-12-2019, 11:04 AM
Last Post: 1171
  Sell my medical rights or keep lifetime care? 138 13 7,876 03-12-2019, 05:19 AM
Last Post: Jerry_Rivera
  California - Lifetime Med - Coverage Terminated spine pain 25 4,043 02-19-2019, 03:18 PM
Last Post: California_Help
  Lifetime pension award plus medical treatment, overseas? Carl1976 1 1,121 09-12-2018, 10:39 AM
Last Post: 1171
  Trying to settle before moving out of state w/o lifetime medical norcalgirl7 3 2,608 07-29-2017, 01:03 AM
Last Post: 1171
  Has anyone successfully moved out of California with lifetime Medical? TreadingWater 10 7,802 07-15-2017, 04:23 PM
Last Post: California_Help
  CA-Settling "Lifetime Medical" SickOfTheProcess 8 20,598 12-27-2016, 02:34 PM
Last Post: California_Help
  How to get Lifetime medical enforced in CALIF Richard+Catz 2 3,035 11-30-2016, 06:26 PM
Last Post: California_Help
  Settling a lifetime medical on a herniated disc claim Peanut 2 4,616 06-13-2016, 07:15 PM
Last Post: 1171

Forum Jump:


Browsing: 1 Guest(s)