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Reattacment NYS
#1
Hi from NY !!
Just needed some guidance maybe. I think i have the longest disputed case ever. Over 4 years. I have Occupational Disease and i know its harder to prove than a visible injury so maybe that's why its taking so long. I retired because of my controverted claim. I won with the judge saying i left employment because of injury It was appealed and i lost. Finally after 3 years i had fusion surgery and i am now at MMI level. I have to show attachment to labor market and look for employment. I did 60 job applications with 0 callbacks Judge said he didn't believe my searches because i was looking for jobs that were similar to what i said i couldn't do when i retired. I'm at such a loss right now. Ive obviously gotten somewhat better since my surgery. I wanted to ask him what jobs he thought i should be looking for. My attorney said hes not sure at this point. I think i went above and beyond with my searches but they didn't. I worked over 30 years with the same employer and was a great employee. I guess my ?? are has anyone gone thru this before and has anyone actually won. Ive never gone thru any comp claim. Should i ask my attorney if i myself can speak up during the hearing and let the judge hear my story ?? is that a no no ??
 
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#2
Most attorneys would rather not have you "speak for yourself." They would be concerned that you might say something to damage your case. If you have an attentive attorney who understands what you've been through, you would probably be better served to allow them to make your case for you.

That being said...if you want to speak for yourself at your hearing...you absolutely have every right to speak up.

P.S. I'm also a little confused about your case. You said that the judges original decision that your retirement was involuntary was overturned on appeal. From what I understand, you stop receiving payments when you are deemed to have voluntarily retired. If that's the case...why would you need to show that you are actively looking for work?
 
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#3
(05-21-2019, 10:17 PM)footballfan Wrote: Most attorneys would rather not have you "speak for yourself." They would be concerned that you might say something to damage your case. If you have an attentive attorney who understands what you've been through, you would probably be better served to allow them to make your case for you.

That being said...if you want to speak for yourself at your hearing...you absolutely have every right to speak up.
 
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#4
Hi. I get it !! I could ramble on for sure . I was just thinking I’ve been in front of 3 of them so far and I’m so tired of all of it !! Do you know if these Judges ever rule in favor of claimant ? They’ve made me sound like I’m s horrible person with my hand out Sad. My 1st attorney missed a very important email that basically made my case. I’m
Definitely not changing attorneys again. It’s just a horrible process and some days I just want to quit. I think that’s what they want. I’ve been reading about reattaching to the labor market but every case seem
Different. Any thoughts on that ? Thank you (see I rambled)
 
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#5
First, the judges definitely do rule in favor of the claimant (personal experience). I have always found the WC judges to be extremely fair.

Second, a good, qualified attorney is a basic necessity in most worker's comp cases. I really don't want to judge...but from what you've said so far, it doesn't look like your attorney is doing the best job for you. And if that is indeed the case, then yes, it can be a horrible process.

Like I said in my previous post (the P.S. part), I'm confused as to why you would have to prove attachment to the labor market if you were deemed to have retired voluntarily. Maybe I'm missing something here?
 
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#6
(05-21-2019, 10:56 PM)footballfan Wrote: First, the judges definitely do rule in favor of the claimant (personal experience). I have always found the WC judges to be extremely fair.

Second, a good, qualified attorney is a basic necessity in most worker's comp cases. I really don't want to judge...but from what you've said so far, it doesn't look like your attorney is doing the best job for you. And if that is indeed the case, then yes, it can be a horrible process.

Like I said in my previous post (the P.S. part), I'm confused as to why you would have to prove attachment to the labor market if you were deemed to have retired voluntarily. Maybe I'm missing something here?
 
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#7
I’ll try to explain. It’s just been a comedy of errors.
Left work for Occupational Disease/neck.
Took months to establish claim as they fought the entire time. During this time I formally retired because I had no money and no health insurance. Per my union contract I had a controverted WC claim so I was taken off payroll and I would be fired after one year. If I won I would’ve been reinstated. I was so upset and didn’t want to be terminated. Docs had me at 100 % disabled entire time. When my claim was finally established they asked for board panel review. That took months. I won. Went back to court judge said I retired due to injury made monetary awards. They fought it. I lost on full board review. No attorney would take to Court of Appeals. 35 months later I was able to have surgery. Now one year later I am at MMI per my dr and IME. I’ve seen multiple IME’s and they agree with me. So now to try and receive any money at all (which I’ve never received one penny) I have to reattach to labor mkt. went to hearing in March. They asked why I was looking for work now. I said I had to show reattachment to labor market. Wrong answer ! It’s the truth I have to reattach ! 60 job applications later he tossed them out and said there was NO intent made to find a job. So now I go back to hearing for MMI and I’m not sure how much of a mess I made with that statement. It just sucks !,,





First, the judges definitely do rule in favor of the claimant (personal experience). I have always found the WC judges to be extremely fair.

Second, a good, qualified attorney is a basic necessity in most worker's comp cases. I really don't want to judge...but from what you've said so far, it doesn't look like your attorney is doing the best job for you. And if that is indeed the case, then yes, it can be a horrible process.

Like I said in my previous post (the P.S. part), I'm confused as to why you would have to prove attachment to the labor market if you were deemed to have retired voluntarily. Maybe I'm missing something here?
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#8
Well, I understand why you haven't received any money. While I find it unusual that the judges decision was overturned...it happens. And once you are deemed to have "voluntarily retired," your payments do indeed stop.

What I'm still trying to get a grip on here is why do you think that you can now get money for your case? From what I understand, once the court has ruled that you retired voluntarily, you can never receive payments after that ruling. Since you couldn't get an attorney to appeal for you, that ruling stands. So if that's the case...why do you have to show labor attachment? Usually you only have to show labor attachment if your still collecting monetary benefits, which you say your not.

Sorry if I'm confusing you. It's just that your description of your case doesn't completely make sense to me. Maybe I am missing something. It's probably best that I keep quiet now and wait for one of the more senior members to post a response.
 
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#9
Nothing at all about my case makes sense to anyone !! Let’s wait and see if anyone else responds and I’ll try and explain more tomorrow Smile
 
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#10
Does this help:
http://www.wcb.ny.gov/labor-market-attachment/
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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