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Help in NY
#1
I was injured at work a little over 2 years ago in NY state. I didn't hire a lawyer right away because I didn't think I would be out this long. I had a Dr who said that I could not return to work, but was reduced from ttd to 20% without even telling me. My rate was reduced to $100. I can't find a job with all the restrictions that I have. I fell behind in bills and was about to be homeless, so I moved to GA to stay with family. I found a Dr there who was willing to treat me and submitted the request for authorization to the carrier. They then told me that moving out of state was fraud and suspended my payments. It was about 10 months after my injury by this time and I immediately called NY state workers comp board. I was advised that moving out of state was legal and that I needed to request a hearing and request to appear over the telephone. Meanwhile my injury continued to get worse, so I returned to NY and immediately went to the Dr. I hired an attorney and went to court. My payments were resumed, but they took a chunk of the back payments because the level of disability had been changed by the first Dr prior to leaving NY state. Apparently he took 3 months to send in his paperwork and they backdated that change against the money they owed me.
I went to the Dr in October for a regular visit and then in December for a nerve study. The Dr asked all the same questions that she does at any other visit, but didn't update the level of disability. I went to a hearing on 3/16 to determine permanency. That was rescheduled because they needed updated medical since the December visit didn't count as an actual visit. No one told me this. My actual Dr was the one who did the test. The judge said I had 30 days to submit updated medical or the carrier would suspend payments. Guess what, they suspended payments two days later. I called my lawyer and asked him if I should be worried about the form that they sent me and he said no. I had 30 days. The form was the Subsequent report of Injury report type (mtc) SJ-suspended pending appeal or judicial review.
My lawyer really said that I didn't need to worry about it because I had 30 days!!!! Now my Dr was asked to fill out the permanency form and she completely flipped out. She said that she didn't want to fill it out because of my age. I'm 34. There is a small bulge in my L5 and the nerve study showed nerve damage. She told me that was perfectly normal. true to her word, she didn't fill out the paper. She put down that I was a candidate for facet joint injections even though she already did them and I had so many side effects that I had to go to the ER. I was advised not to do them again. She said that if they don't work, then my next option would be a surgical pacemaker type implant, but she doesn't want to talk about that because of my age. Never mind my chronic pain. I don't know what else to do. I have already changed doctors several times because they were not actively doing anything to help me and were lying on the forms. I got myself into a chiropractor because she kept saying she was going to send me to one. Then she said that she has nothing to compare my progress to because I have not actively tried to rehabilitate even though I did months of therapy. The therapist told me that that weren't helping me and I needed to try something else. I have a permanency hearing for May, but now I have no income because of them and I'm still listed at 75%. No lifting over 30 lbs, no/minimal bending, twisting, sitting, standing. I don't know what to do because my lawyer doesn't seem to know what is going on. He assured me that I wasn't getting my benefits suspended and yet I did. Any advice? Anyone go through anything similar? I should add that the Dr. filled out the permanency forms as minimally as she could. She put my name, d.o.b, her name and info and that she recommends injections. Nothing on permanency, or disability rate.
 
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#2
if you don't think you are getting adequate representation you should talk to other attys and think about switching. there will be a single fee shared among all attys.
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
I'm kind of afraid to do that because I don't want to end up with someone worse. It's so overwhelming and they don't worry because they aren't the ones sitting here wondering how they are going to feed their kids and pay the bills. I'm still baffled by how they could stop payments even though the judge said 30 days. My hearing isn't till May so it will be like June before I get anything coming in again.

(03-30-2015, 08:23 PM)1171 Wrote: if you don't think you are getting adequate representation you should talk to other attys and think about switching. there will be a single fee shared among all attys.

 
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#4
I am currently looking for one. I figure I will research and see if I can find reviews. Thanks
(03-30-2015, 08:28 PM)caymiane Wrote: I'm kind of afraid to do that because I don't want to end up with someone worse. It's so overwhelming and they don't worry because they aren't the ones sitting here wondering how they are going to feed their kids and pay the bills. I'm still baffled by how they could stop payments even though the judge said 30 days. My hearing isn't till May so it will be like June before I get anything coming in again.

(03-30-2015, 08:23 PM)1171 Wrote: if you don't think you are getting adequate representation you should talk to other attys and think about switching. there will be a single fee shared among all attys.

 
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#5
I dont know what town you live in but if its nassau county. Then you should call ms.levine she represents me and shes good.I have had three wc cases and she has represented me on my second one and this one she really knows her stuff 516)483-5161
 
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#6
here's some places to look:

https://www.wilg.org/index.cfm?pg=publicdirectory
http://www.avvo.com/search/lawyer_search...ork&commit=
and of course at the bottom of this page.......

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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