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Alan Stuart Katkin's Answers
- 214 Legal Answers
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8
Attorney answers:
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Can my husband be sued for a serious personal injuries that happen in a car accident just over 3 years ago ?
In New York there is a three year statute of limitations for filing a lawsuit for personal injuries due to negligence. If the person or company being sued is a city/state government entity, municipality or public agency there is also a requirement to file a notice of claim within 90 days of the accident (under certain circumstances this may be extended to one year and 90 days). It is possible that the suit may be dismissed under the statute of limitations unless the plaintiff can show that an...
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3
Attorney answers:
Workmans compensation ime exam
Under the New York State Workers' Compensation Law you have an absolute right to bring any person you wish to the IME exam with you and to videotape or otherwise record the examination. If the IME refuses to allow you to record or videotape the exam you may refuse to be examined because of this and you should make it clear this is the only reason you won't permit the exam. If at all possible, you should record or videotape the IME informing you that he or she refuses to allow the recording or...
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Ime in ny
This sounds like good news. The IME is giving you the next highest level of disability uder total disability if he is finding a marked partial disability. Additionally, if he agrees with the surgery your doctor has recommeneded, the carrier should authorize this and you should be able to schedule it. Your surgeon's office can contact the carrier to confirm authorization since theirIME agrees. Once you undergo surgery and your doctor submits medical evidence confirming this, the carrier should...
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2
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I signed my workers compensation settlement papers last week. How long will it take to get the hearing date sothe judge can sign
Once you and your attorney have signed the Section 32 settlement agreement and it is also signed by the carrier's authorized representative, it must be submitted to the Workers' Compensation Board for review. If everything is acceptable they will then schedule a hearing with a Workers' Compensation Law Judge for consideration and approval of the settlement agreement. Since you appear to reside in Jamaica, Ny the hearing will likely be at the WCB location there. There is no exact answer for how...
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Workers comp
There are too many details missing to answer your question with any certainty. When you say you won everything on 2/14/12, we don't know what this means. Did the workers' compensation law judge establish your claim for specific parts of your body that you refer to? Did he or she establish your "average weekly wage"? Were workers' compensation awards made and if so, at what rate? It is possible that the carrier appealed the judge's decision, which they have a right to do within 30 days of the...
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4
Attorney answers:
Is my herniated neck disk a new workers comp injury or old injury
Regardless of whether this is a new injury or an aggravation of an old injury, since it occured while you were working you should file a workers' compensation claim. You must notify your employer of the work related injury within 30 days and must file a C-3 claim with the Workers' Compensation Board within 2 years of the date of accident. You likely won't know if it's an aggravation or a new injury until you have had an MRI showing which level of your cervical spine is affected. If you...
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4
Attorney answers:
If i take a section 32 will the ins co. make me sign an agreement to not work for any other employers they have insured.
While a carrier at the request of its insured may ask you to resign from the employer whom they represent in your workers' compensation claim as a condition for your Section 32 settlement, I have never seen an instance where the carrier requires the claimant to refrain from seeking future employment with any companies that carrier insures. That seems overbroad and I wonder if the Workers' Compensation Board would even permit such a requirement. As far as unemploymnt benefits go, your...
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4
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After receiving a nys workers comp section 32, how long should i wait before getting a job
In a NYS Section 32settlement after the settlement is approved at a hearing by the workers' compensation law judge, there is a 10 day statutory waiting period during which any party may withdraw from the agreement for any reason. Once that period expires without anyone withdrawing, the settlement becomes final. A Section 32 settlement may settle all issues in a claim or only specified ones. Assuming all issues were resolved and your workers' compensation claim is permanently closed, the carrier...
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4
Attorney answers:
I signed my release papers for a settlement check that the insurance company said they sent out on 12/8/11 .. It's been 2 months
Since you posted this under Workers' Compensation Questions, I'm assuming you are talking about a settlement under Section 32 of the NYS Workers' Compensation Law. If that is the case, the way it works is as follows. Once a workers' compensation law judge approves the settlement at a hearing, there is a 10 day stautory waiting period during which either side may back out of the settlement by properly notifying the Board. After that time period has expired assuming no one withdraws, the WCB will...
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3
Attorney answers:
My brother-in-law has contracted Hepatitis C. He has been a hospital worker for 30 years , in housekeeping and the laundry.
I would definitely recommend that he obtain a consultation with an attorney who is experienced in handling workers' compensation claims as soon as possible. The employer must be notified of a claim for this work related disease and a C-3 claim form must be filed with the Workers' Compensation Board and there are time limits for both of these requirements to be completed. Additionally, this is the type of case that employers/carriers often deny and it can get quite complicated. If the claimant...
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