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depression added to injury
#1
I was injured 2003 in NYS, I WAS a LPN and a damn good one too!!!, injury consisted of C4/5,5/6 bulges and T 6/7,7/8,9/10 herniias. 3 surgions indicated that surgery was not an option, it was to invasive. Was decided then that I was PTD at 67%. In 2005 court hearing Judge awarded that Depression was 50% related to case. My treating Drs have never added the depression onto the 90 day dr report they send to WC. and have never added it into my degree of disability. Now 10 yrs later I was given another MRI that shows that i have C2/3,3/4,4/5,5/6,6/7,7/T1,T1/2, 2/3,6/7,7/8,9/10, Thats 11 herniations!!! No injury since the 2003 injury. Now the Drs are refusing to do surgery again (totally differant Drs and speciallist) because of the extensive injury, infusing that many disc would imobalize me completely from head to mid abd. Drs have now classified me as PTD at marked 75%. But still have NOT added the depression issue. I have NOT been back to work at all since 2003, each wk i send out resumes' as directed todo so because I am considered temporary...And Yet have NOT recieved an offer of a job todo my restrictions (thats 10 yrs of weekly expenses for me.) In 2007 my treating dr asked for a IME to determine my perminate disability %. that was refused.
****
My Question is, if I was to ask for a hearing, could i bring up the fact that wc judge warded me depression and that should be added to my degree of disability starting back as far as 2005 and should then classify my as 100%. (When i bring this up to the Drs, they question how to add it because WC has no information on how to add it to a physical disability, so they leave it out.) And How the heck can they after almost 11yrs still consider me temporary disabled, when I can't get a job, and the injury is getting worse and worse. Thank You for your time....Amy[/u][/i]
 
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#2
sounds like you will need legal advice concerning case precedents on your issues.
an experienced work comp lawyer will be able to determine if it's possible.
there maybe a time limit to change your rating this late in the case.
you can contact the state bar
http://www.nysba.org/lawyerreferral/
or
https://www.wilg.org/index.cfm?pg=publicdirectory
or
http://www.avvo.com/free-legal-advice/Wo...c=New+York
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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#3
It sounds like WCJ apportioned your depression issue 50% industrial related. Hummmm, not sure how a judge can do this. I can only share personal knowledge gained from experience.

An AME psychiatrist determined my depression was 100% industrial. He apportioned it 60% directly related to workplace treatment, and 40% to original work injury. He rated me after spending 6 hrs. with him and after taking a series of psychological tests. I might add I had to travel 250 miles to this AME. I received 60% of his total rating in PPD lump sum upon settlement and that was it.

No additional rating was added to my original injury. It was treated like a separate claim.

My understanding was that to be added to original injury claim rating, the AME doctor would have had to report more than 51% proportionately was due directly to original injury. Anything less than 51% did not qualify as a compensable consequence.

For me, I was just happy to have the claim finally accepted. Quite a humiliating experience and a lonely road to travel.

Let Go, and Let God......
 
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