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Help in NY
#1
Sad 
I am so frustrated. I went to court today for what was supposed to be a permanency hearing continued over from 3-18. At my last hearing there was an issue with medical and the judge gave me 30 days to submit new medical. I was seeing the doctor every ninety days, but at one of the visits she didn't update the medical. She just did a nerve study. She refused to update when asked. The carrier appealed the 30 day decision and cut me off. I haven't received a check since march. I went to an IME last week for a permanency opinion and I haven't received it yet, but I guess it was MMI. Not sure what that means. I will have to wait for the report to arrive in the mail. The carrier raised attachment to the labor market. I had a sheet filled out with jobs that I applied for, but they wouldn't take it. I guess my lawyer has to submit it to the board. I now have to wait for the appeal to go to the appeals board and that can take 4-5 months.
I went to a surgeon for a second opinion and he said I have arthritis and to walk fast for 20 minutes a day and I will be healed. The MRI showed a small bulge and a small tear. Nerve study showed nerve damage. I'm doing everything I can to meet their requirements. It seems like no one can help me though. I don't understand how the judge couldn't order them to pick up payments. Why does it have to go to someone else? The judge approved the appeal, but can't tell them to start paying? Is there a good place that I can research NY state workers comp laws? I feel like I'm fighting a losing battle. Has anyone gone through this? I'm in upsate NY.
 
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#2
if it's a permanent hearing then there is an issue as to whether you are entitled to continued temporary disability.
the judge really can't issue a decision until both sides are allowed to present evidence on disputed benefit.
who were you told was going to make the decision if not the judge?
if you have reached Maximum Medical improvement, then your temporary disability benefits will cease and you will be eligible for permanent disability benefits.
you didn't say what happened at the most recent hearing but I assume there was no decision on whether your condition is now permanent or still temporary.
sounds like you have a lot of questions for your atty.
what options are you being given?
have you contacted your employer about returning to work?
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 guessing it will go to to appeal board. They review them in the order that they get them. I changed attys because the first one I had was not helping me. This poor atty walked into a mess. Because of the old atty my Dr wouldn't fill out the permanency form. She wrote a pretty nasty note on there saying I didn't do therapy or chiropractic care so she had nothing to compare my progress to. I did all of that stuff before I was sent to her. She is a pain management Dr. I did a round of injections and they made me really ill. I had so many side effects that I had to go to the ER. They told me not to do them again. She keeps telling me to do them. The surgeon that I saw for a second opinion said not to do them because they are really bad for your bones and actually make things worse in the long run.
I am currently seeing a chiro 3 times a week and my new atty is hoping that he can fill the form out for me correctly. So to clarify, the IME said that that I have reached MMI, but I don't know what the percentage is yet as I haven't received the report yet. My Pain Dr said that I wasn't complying and I was a candidate for injections. I did therapy and chiro before being transferred to her. She didn't compare progress with her to that. My payments stopped because tha pain management DR wouldn't put a level of disability for my December visit and when I went to court in March they said there was a gap in medical. The judge gave me 30 days to turn in new medical, but the appealed and stopped payments. It's all so confusing to me.
(05-18-2015, 06:10 PM)1171 Wrote: if it's a permanent hearing then there is an issue as to whether you are entitled to continued temporary disability.
the judge really can't issue a decision until both sides are allowed to present evidence on disputed benefit.
who were you told was going to make the decision if not the judge?
if you have reached Maximum Medical improvement, then your temporary disability benefits will cease and you will be eligible for permanent disability benefits.
you didn't say what happened at the most recent hearing but I assume there was no decision on whether your condition is now permanent or still temporary.
sounds like you have a lot of questions for your atty.
what options are you being given?
have you contacted your employer about returning to work?

 
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#4
if you've got contradictory medical opinions it can be difficult to discover what is going on and what is the true state of affairs. unfortunately that confusion can affect your benefits and create a delay until is cleared up.
someone needs to get all your medical records together and give a true account of all that has gone on an why. too many doctors can create confusion as to what treatment needs to happen what is the status of your disability.
hopefully your new atty is working with the carrier to agree on one doctors opinion. dueling doctors can make litigation and resolution very complex.
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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