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LWEC
#1
NY-I was sent to an IME last month and just received the paperwork he submitted to the board. My doctor has me at 85% and the IME rated me at 50% but stated I’m not at MMI yet. He said I could return to work with the following restrictions of no prolonged walking, sitting, standing, no lifting over 20 pounds, no stair climbing or climbing vertical ladders and no repetitive bending. The job I had when I was injured was road construction which I traveled out of town and state to do. I have a lawyer but haven’t heard from her yet. Does anyone know how the LWEC works in NY ? I’m wondering because the area I live and with my restrictions there is no way I can find a job making a quarter of what my salary was prior to my injury. I’m hoping my lawyer can fight to get me closer to the 85% my doctors have me at. Thanks for any help
 
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#2
The Bear might have recent experience to share with you.
From what i gather it is more contingent on looking for work rather the finding work - similar to unemployment.
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
Before I settled the work part, I HAD to put in applications to jobs that fit my restrictions.. and I had more than you... After over 200 put out and all said I wasn't hire-able because of them and being a liability. Judge still tried pushing me to find a job... My surgeon had me (and still am) listed at 75% on my lower back.. so lawyer got me in with SS... they took into consideration with that and being 100% on my neck (still am) and the lady from Jobs Plus stated there wasn't anything out there that I could do or be trained in something I've never done... With that, my lawyer filed the paperwork to close out the work part of comp and got that easy...
As for unemployment, since I was medically let go at my job, I tried for that and was told:
"Be ready, willing, and available to work immediately."
If you are not all 3, you don't qualify for unemployment... if you are, then you need to show them proof of putting in applications... And comp or unemployment doesn't care if you get paid at a lower rate... only that you're working 30 hours a week or more.

Good luck in getting a IME to list you where your doctor has you. All of them low ball your percentage and comp judge's will go with them. Heck, one of my IME's put information in my report that was for someone else and the judge didn't care. My lawyer had to request another one be done and thankfully I got the one doctor that I had 2 other times and remembered me. He agreed with my surgeon with the 75%..
 
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#4
I’ve been out of work for over 10 years with multiple body parts listed on my comp case. Ive been on SS since 2013 and I’ve put in over 250 job applications in the last 5 years and have only had 4-5 call me back and refused to hire me when they found out my restrictions. My lawyer told me to go to access vr (for the 2nd time) to see if they could help me find a job and in order to continue I needed a doctor to give me all my restrictions in fine detail as far as measurements in bending twisting reaching and so for. I asked my pain management doctor if he would fill out the paperwork and he said he couldn’t do it I would have to go to a functional capacity exam. He put in a request to the carrier for this exam and they denied it. After the 30 days comp also denied the request stating it wasn’t part of the workers comp guidelines. If they refuse to pay for this then how do they expect me to find a job. When I first went to access vr the lady told me I would never get hired for a job but I just had to jump through the hoops. I’m smart enough to know and after 10 years on comp the IME is not going to side with me. That’s not what I was asking but if you read the LWEC it says they can adjust your permanency rating according to where you live, education and take into consideration your injuries and age and what you were doing for work when injured.
 
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#5
Do you have a decision about your lwec disability? I am in the process and it is very confusing. I was informed that my PPD will be determined at the next hearing, what next?
 
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#6
I also went to Access VR and CNY Works here and both actually wrote a letter to the Comp Judge telling her there was nothing out there that I could do within my restrictions... Highest in school was 10th grade, age mid 50's, retail (cashier, stock, closing manager, petco aquatic specialist) janitorial....
Been on comp since 2012... and it seems the judges all go with the carriers... My newest surgeon is still trying for a new MRI and stated on his paper that the carrier and their doctor are going by a MRI from 2015 and a CT Scan from 2014..
On top of this, SSDI sent me 15 pages (front and back) to fill out just to see if I'm still disabled. If they say no, I loose my monthly checks and insurance... And if that happens, my lawyer better get his butt moving with closing out medical....

Good luck once again on finding something that will accept your restrictions... Seems no one will hire because of them and being a liability..
 
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#7
I’m pretty much in the same boat, almost 50 yrs old, been on comp since 09 and graduated high school and went right into construction so I have nothing to fall back on that’s even close to my restrictions. According to my lawyer I shouldn’t have a problem keeping my SS but I guess time will tell. I just got paperwork from SS also to see if I was still disabled. My lawyer told me awhile back that a comp judge told him if someone can use a smart phone they shouldn’t be over 50% for a permanency rating. It kills me how easy it is for someone sitting behind a desk to tell me I can go back to work when I only sleep 3 hours a night because of pain plus I’m taking pain pills every 4 hours so I really can’t drive when I’m on oxycodone. It makes no sense but I hope my lawyer can figure something out. @confusedny I don’t have a decision on my LWEC but I will update when I do. @tbear good luck to you !! Oh I have no idea why my text size got bigger on my other post but I better figure out before I get a new job using my smart phone lol
 
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#8
LOL.... that's how it was with me.... Judge sitting up there acting all high and mighty and tells you point blank to go work for Burger King or McDonald's... then you prove them wrong with what you have to be able to do and all are on your restriction list.... Think I ticked her off that day.... ohh and then have her and the Carrier's lawyer looking over all the lists of places I applied at and emails I got back.. She had the gall to ask if I was keeping to my restrictions when I sent out the applications... I asked her with what I have and know what I'm qualified to do, show me a job that will take me.... That's when she brought up fast food.... and I proved her wrong. Husband wanted to tell her off too... He did do that to my lawyer when he also brought up BK and McD...

Right now, I'm trying CBD balm that you rub on the pain parts... has cut the pain from a constant 8 or 9 down to a mild 6-7... I'm not taking sleeping meds anymore.. my family doctor decided not to refill my Zolpidem because I could never get in to see her.. She's always booked 2 to 3 months... Got a new doctor and he asked if I wanted a refill... told him I don't need to be on them and then not be able to get the refills... going cold turkey was bad.... He put me on tarazadone... had to stop that cause of the bad side affects... But at least the CBD doesn't have side affects and you can use it whenever you need to....
 
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#9
(11-03-2019, 08:59 AM)redsoxfan Wrote: I’m pretty much in the same boat, almost 50 yrs old, been on comp since 09 and graduated high school and went right into construction so I have nothing to fall back on that’s even close to my restrictions. According to my lawyer I shouldn’t have a problem keeping my SS but I guess time will tell. I just got paperwork from SS also to see if I was still disabled. My lawyer told me awhile back that a comp judge told him if someone can use a smart phone they shouldn’t be over 50% for a permanency rating. It kills me how easy it is for someone sitting behind a desk to tell me I can go back to work when I only sleep 3 hours a night because of pain plus I’m taking pain pills every 4 hours so I really can’t drive when I’m on oxycodone. It makes no sense but I hope my lawyer can figure something out. @confusedny I don’t have a decision on my LWEC but I will update when I do. @tbear good luck to you !! Oh I have no idea why my text size got bigger on my other post but I better figure out before I get a new job using my smart phone lol

When turning 50, the requirements that apply and imply education, physical limitations, previous work experience and other factors change when competing for a job that meets the guidelines, and that is available in the labor market. I wish you good luck. I also understand that you can not get an lwec if you have not been declared MMI before, both by the IME doctor and by your doctors ,,, nobody who has not gone through this situation can understand how difficult and complicated it is to rejoin the labor market, I understand that it is one of the goals of WC and it is the right thing, only that they should have more effective programs and access to facilitate the transition, at the end of the day nobody wants to have an accident and lose the ability to support their family.
 
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#10
***********F. Y. I. ************

For those with New York claims: Learn the 3 step process for the Loss of Wage Earning Capacity (LWEC) determination.
NY WCB offers an online training course for NONprofessionals in how to properly apply the LWEC guidelines:

http://www.wcb.ny.gov/content/main/hcpp/...aining.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.
 
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