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If your disability rating is raised?????
I've posted here a few times in the past and got a lot of good responses. I'm now writing on behalf of a good friend who has been living a nightmare for the last two years dealing with WC. He's a NYC bus driver, in the beginning
all his doctor rated him 100% disabled based on MRI's and EMG's. Naturally as most of us are well aware of the insurance company"s IME only rated him 25%.
Now after 2 years of fighting with the insurance company, they sent him to a new IME, who has agrees that he is 100% and need emergency surgery.

He went to a hearing about a month ago and the judge granted surgery and ordered that his rating be raised to 100% Temporary Total Disabled. Now the question is, since it is now agreed he is 100% disabled is he entitled to the back money for the two prior years the insurance company only paid him at a 25% rating? His original MRI two years ago is the same as his latest which the new IME made his determination that he is now 100%, isn't it only fair he get all the back money. He has suffered financially throughout these last few years because the insurance company's original IME always seem to give a lower rating. Any answers and responses would greatly be appreciated. Thanks
the doctor and the judge need to state when the patient became temporarily totally disabled.
whether the disability status is retroactive and how far is a separate issue that has to be negotiated or brought back to the court.
without reviewing the medical evidence it's difficult to say which decision start date is supported.
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.
Thank you for taking the time to respond. Hopefully the
issue can be raised to the court and his lawyer can
present the medical evidence for review.

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