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Reattacment NYS
#11
Welcome to my world until I settled the Workers part.... NY here too...

I am still at 75% disabled in my lower back... Too many restrictions to list.. I too was told I had to show I was looking for a job that would accommodate my restrictions. Over 300 applications in 1 year later, my lawyer finally said that was enough.. My judge actually told me to go apply at Burger King and McDonalds.. I did... and brought a printout of what you had to do on the job at each... all of which were on my restriction list. That's when we settled the one part.

I agree 100% when you're trying to job search and find something that fits your restriction list is very hard. And there are a lot of employers out there that won't hire because of the disability... I even applied at a small greeting card shop where I know the manager.. She said no because of the restrictions. She even stated that in a letter to the judge..

If you can, see if your attorney can get the Workers part settled and closed out but keep Medical open... That may be the only way to go..

Good Luck
 
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#12
(05-22-2019, 08:23 AM)tbear6410 Wrote: Welcome to my world until I settled the Workers part.... NY here too...

I am still at 75% disabled in my lower back... Too many restrictions to list.. I too was told I had to show I was looking for a job that would accommodate my restrictions. Over 300 applications in 1 year later, my lawyer finally said that was enough.. My judge actually told me to go apply at Burger King and McDonalds.. I did... and brought a printout of what you had to do on the job at each... all of which were on my restriction list. That's when we settled the one part.

I agree 100% when you're trying to job search and find something that fits your restriction list is very hard. And there are a lot of employers out there that won't hire because of the disability... I even applied at a small greeting card shop where I know the manager.. She said no because of the restrictions. She even stated that in a letter to the judge..

If you can, see if your attorney can get the Workers part settled and closed out but keep Medical open... That may be the only way to go..

Good Luck
 
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#13
NY here
It is exhausting! My thing is because i stopped working so i have to show reattachment ! I wanted to ask the Judge what he expects me to do. My problem is i sit there like a mouse and am not sure if I should speak ! I’m Having a telephone conference with my attorney next week and I’m drawing up a list of questions to ask him . If someone was a Correction Officer (I am not) would they be expected to look for work in that field or any field ? I think I’m
Unclear of what’s expected of me ! My C 4.3 form shows severity rating of F. I’m not sure of the percentage !



t='lovemygirls02' pid='169316' dateline='1558531115']
(05-22-2019, 08:23 AM)tbear6410 Wrote: Welcome to my world until I settled the Workers part.... NY here too...

I am still at 75% disabled in my lower back... Too many restrictions to list.. I too was told I had to show I was looking for a job that would accommodate my restrictions. Over 300 applications in 1 year later, my lawyer finally said that was enough.. My judge actually told me to go apply at Burger King and McDonalds.. I did... and brought a printout of what you had to do on the job at each... all of which were on my restriction list. That's when we settled the one part.

I agree 100% when you're trying to job search and find something that fits your restriction list is very hard. And there are a lot of employers out there that won't hire because of the disability... I even applied at a small greeting card shop where I know the manager.. She said no because of the restrictions. She even stated that in a letter to the judge..

If you can, see if your attorney can get the Workers part settled and closed out but keep Medical open... That may be the only way to go..

Good Luck
[/quote]
 
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#14
Most you can do is sign up at Monster.com and Indeed.com... look at job you think you can do and then look at what they expect you to do...

Me: cashier, janitorial, stock, closing manager, receiving clerk, aquatic specialist in a pet shop, customer service....
Restrictions: no lifting over 5 pounds, sit 30 minutes, stand 30 minutes, no ladders or step stools, no lifting over my head, no over twisting or bending at the waist.. (and this was only for my lower back.. had neck surgery and that's at 100%)

I had to job search in the areas I had experience but not mess with those restrictions.. This is one reason why we settled... and I'm on SSD right now.
 
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#15
I am not an expert, but I am fairly well-versed on this issue, since voluntary retirement was part of my ongoing case.

Everyone here is trying to help the OP in proving that she is actively looking for work. And that is very nice.

But it still begs the question...why does she have to prove attachment at all?

The Appeals Court ruled against the OP on the issue of voluntary retirement. At that point, all financial benefits stop. And the OP has stated that she has never received a penny. The OP could not get an attorney to appeal the appeal. So that part of the case is settled. The OP retired voluntarily. Hence, no financial restitution.

The only possibility is that the OP needs to show job attachment to continue to receive medical benefits. I do not think this is the case, but I could be wrong. The judge ruled the OP's injury was job-related, and that ruling was upheld on appeal. So unless job attachment is a requirement to continue to receive medical treatment...I just do not understand why the OP has to show job attachment at all.

That's all I got.
 
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#16
Hi There
I may have confused you all a little. 1st Judge said i did not have a voluntary retirement so he awarded me benefits (I only retired due to my disability and i was looking at a promotion of 16k a year so who would walk away from that ) ? My attorney said they would probably appeal and they did. Three board members overturned judges decision stating that it was Boluntary. We asked for a full board review and were denied. I was told they could do that. So i had my surgery and now one year later in order to get any future money i have to show that I’ve reattached to the labor market. So i did 60 job applications and went to DOL. Judge said he thought I was not showing any real intent in my searches as I was looking at jobs that were similar to what I retired from ?? I really do not understand any of this. I want to just stop but I’m sad that I had to leave a job I loved but it’s been such a roller coaster ride and I just don’t know what they want of me Sad



I am not an expert, but I am fairly well-versed on this issue, since voluntary retirement was part of my ongoing case.

Everyone here is trying to help the OP in proving that she is actively looking for work. And that is very nice.

But it still begs the question...why does she have to prove attachment at all?

The Appeals Court ruled against the OP on the issue of voluntary retirement. At that point, all financial benefits stop. And the OP has stated that she has never received a penny. The OP could not get an attorney to appeal the appeal. So that part of the case is settled. The OP retired voluntarily. Hence, no financial restitution.

The only possibility is that the OP needs to show job attachment to continue to receive medical benefits. I do not think this is the case, but I could be wrong. The judge ruled the OP's injury was job-related, and that ruling was upheld on appeal. So unless job attachment is a requirement to continue to receive medical treatment...I just do not understand why the OP has to show job attachment at all.

That's all I got.
[/quote]
 
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#17
I will have medical coverage forever as I have an established case so that’s good !!
 
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#18
So that is exactly the point that I've been trying to make to you.

I'm not trying to burst your bubble or anything like that...believe me I'm not.

But once you were deemed to have voluntarily retired, you lose all financial benefits...forever. There is no 2nd bite at the apple the way I understand NYS WC law. And I went through that process and thankfully the judge ruled that I retired involuntarily. And it wasn't appealed. But my attorney at the time explained to me that if my retirement had been ruled voluntary, and it was upheld on appeal...I would lose all financial benefits from that day forward with no chance of ever changing it.

I also understand the the judge ruled that your injury was work-related. So as per the law, your medical is covered.

I do not believe that you have to show job attachment to continue to receive your medical benefits. This is where I may be mistaken. If you need to show job attachment to continue to receive your medical benefits, then it makes sense.

This is something that you should discuss with your attorney at that telephone conference that you mentioned.
 
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