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

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
NY Scheduled Loss of Use questions
#1
I have some questions about a Workers Comp case. I had 1 case in 2015 for a fractured left wrist, and a 2nd case in 2017 for a fractured left hand. For the 2017 case I got an attorney and just completed a SLU. They said I have 0% loss of mobility, but gave me 10% loss to my hand for weakness as a result of "either the 2015 OR 2017 injury".

1) How will having 2 cases- and a discrepency of which injury had more cause for the loss, effect the outcome?

2) Is getting a 2nd SLU with a different doctor a good idea? Are all SLU's done the same? When I bend my hands back, my left wrist clearly only goes back about 40%. When I bend forward they are almost equal. I understand they use many variables, but I find it odd that I was given 0% loss of mobility, and they did not check this movement.
 
Reply
#2
double reply
 
Reply
#3
"Pre-Existing Condition Related to Prior Workers’ Comp Claim
If you previously injured the same body part in another workplace accident, your benefits for your current workers' comp claim will be reduced slightly to account for the prior workers’ compensation claim. Your employer will still be required to pay all of your medical bills for treatment related to this new work-related injury. Similarly, if you are unable to work, your employer will pay you temporary disability benefits (a.k.a time loss compensation benefits)."

Also:

"Tell your doctor about your previous workplace injury, and if possible, provide your current doctor with a copy of all your medical records related to the previous workers’ compensation claim. Your doctor can evaluate your condition to determine if it is a continuation of your prior workplace injury, or a new, but related, injury. The difference is an important one in terms of worker's comp claim processing and the filing of a claim in many states.

https://www.disabilitysecrets.com/resour...dition.htm
 
Reply
#4
Too many variables. Depends on the employers/carriers, quality of medical evidence, prior rating & earnings, local board, etc.

Sounds like you are looking for legal advice and strategy; someone with specific knowledge of the local doctors, judges, and case law.
If you don’t have an atty contact the advocate:
http://www.wcb.ny.gov/content/main/Worke...edWkrs.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
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  Attorney fees for non-scheduled loss in NY footballfan 2 353 05-22-2019, 07:55 PM
Last Post: footballfan
  Can I be Scheduled for Another IME? shefallsdown 3 1,923 01-16-2017, 01:18 PM
Last Post: 1171
  surgeries and scheduled loss of use BLITZCREED22 3 3,694 10-09-2013, 06:52 PM
Last Post: 1171
  Scheduled for a FCE hurt back 18 11,497 08-30-2012, 10:50 PM
Last Post: hurt back
  Scheduled or None Scheduled uww81 4 5,782 04-18-2012, 09:24 AM
Last Post: uww81
  Classification vs. scheduled loss Chimaren 6 19,640 12-05-2011, 06:02 PM
Last Post: sonny1
  Classification rating VS. Scheduled loss of use? sonny1 3 9,568 06-19-2011, 03:51 PM
Last Post: 1171
  Scheduled for my IME... injuredinidaho 3 4,828 05-29-2010, 11:39 AM
Last Post: inpainokla
  MRI scheduled missmelody 16 9,234 06-24-2008, 07:01 PM
Last Post: missmelody
  Scheduled loss of use VS Permanent partial disability classification? kitty 10 37,632 03-12-2008, 02:41 PM
Last Post: kitty

Forum Jump:


Browsing: 1 Guest(s)