Do we have any lawyers or HR people that know NY workers comp laws well?
I have some issues I need to talk about. Legal rep would I’m 99% sure need to be from Rochester as the orthopedic firm in question will cause conflict of interest from any Buffalo attorneys.
Drop me a PM if you may have any info please.
Thanks,
MC
I know WC very well …
As do I. It keeps me employed.
Well my basic question is…am I entitled to a 2nd surgeons rating on SLU (besides my own and the IME)? And I guess is there any way to trick them into seeing me, since nobody wants to take a “liability” case.
I disagree with my surgeons SLU rating VEHEMENTLY! My laywer is probably his friend because he’s rambling saying “we’ll take care of you” etc… while offering no real information or backing. “We’ll get you some money”. I know the amount I’m getting…it’s nothing after comp insurance get’s its payback on the time paid for missed work. And of course the lawyer getting their 1/3rd of the chump change for doing NOTHING. :banghead:
The damn comp ratings are done based on range of motion. I had unsuccessful tennis elbow surgery. Tennis elbow isn’t a range effecting condition, it’s a pain and fatigue issue. So how can he rate me based on range of motion? Sure most the range is back…but the fatigue is WORSE after the surgery and occurs quicker. I lost my job of 10 years and couldn’t do the same line of work even if I found a job. So I had a work related injury/condition, had surgery that didn’t work and now I have no job nor monetary compensation to show for it.
I need to call VESID for vocational retraining…the surgeon has had the form ready to sign since December and refuses to do so.
GRRRRRRRRR.
Sounds shitty sorry I can’t help. Good Luck
Yes you can get a second opinion and present it at the comp hearing (at your own cost) and use that to show a discrepancy. The thing with the IME is that they are normally what is used on the hearings. The doctor just goes through the motions and gets paid the same no matter what has or has not improved with you.
I’ll look into this further for you and see what avenues you can take. Give me a few days.
I appreciate anything you can give info wise. All the BS I’ve heard thusfar isn’t going to fly with me. I can sort of see how people end up tweaking out and going bezerk. There’s no way in hell I’m taking a one time payout of <10% of 1 years salary in exchange for long term job loss and a lifetime impairment. If I get schooling paid for so I can become skilled in a new trade I’d be ok with that. I’m not chasing $ here, I’m talking about my damn future and livelihood.
It’s like these people assume everyone on comp is a milker. As angry as I am with Ingram Micro for ditching me on Christmas week, early to avoid paying me 12 weeks severance I have bigger fish to fry I suppose.
Those cheap fucks had NET profit of $140 million in 2007. For the 2008 technical support picnic they made people pay $5 or $10 per family. They had the balls to ask why I declined to participate. Which I broke down for them about the net profit etc… Talk about greedy and no concern for morale. Idiots. Now their support, which was once by far the best in the industry is all college interns and Phillipinos. This is their way of saving money, cutting your elite (for that industry) support staff. Way to give away your edge, jackasses. LOL
So speaking of my future. I guess that’s where VESID comes in and while my surgeon won’t sign off on the papers, my lawyer said I don’t need him. So I’ll call VESID and try and lean on them some to bypass his signature.
This would get me back to college and able to perform a new skill and start over.
The other thing I have going for me is I need a 2nd surgery to remove a bone/calcified piece that wasn’t there prior to the surgery. So medically they will have to cover that. And then a year after that I can be re-assessed. While I don’t hope the condition gets worse of course, I’ll be on the hunt for a new surgeon and hope like hell the next one has a bit more personal compassion.
I know the IME is supposedly “independent” though they are paid by the insurance company and their job really is to lowball in all reality. They know how to use words like “partial” in order to aid the insurance co. in dicking you around. I had to see one when they wanted to reduce my pay while out with a “partial” disability. My arm had no muscle left from wastage, couldn’t bend much or move it without massive pain and they somehow thought I could “partially” work a computer. I guess so because it warranted cutting my pay in half. Their IME said I had a “marked partial disability”. So despite him also saying I “couldn’t return to job involving computer work” they chose to highlight PARTIAL and cut my pay in half.
Comp is better than nothing, and maybe the best system there is of it’s kind. But it’s sure lacking in comparison to the many other programs like welfare that are massively abused. I mean…my “award” money for a PPD (permanent partial disability) is next to nothing as it is. Factor in the comp payouts for lost wages being subtracted from the “award”. And after the vulture lawyer get’s his cut I get about 10% of 1 years salary. GRRRRR.
I have a full log of every doc visit and PT dates etc…
The above link is a post/summary I intend to submit to lawyers. Locally nobody will touch me because they all use the surgery center I went through. They provide the cheapest IME’s so they are friends with most the lawyers. The surgeon is older and has lots of powerful friends in the area as well, so conflict of interest runs amuck. Rochester should have something lawyer wise for me. Those I’ve spoke with say I need the 2nd surgery first and then they might talk with me.
Sorry to ramble, it’s just a bit wild in my head now with unemployment about to run out, no job and no compensation thusfar.
Anywhoo…thanks for any info you can provide. 