Skip to main content
Brian Marc Mittman
Avvo
Pro

Brian Mittman’s Answers

291 total


  • How likely the judge will make decision for my case? and how long time take again ?

    HI, I got injured on my left foot and made surgery on my great toe at my work since 20013 the insurance paid for me around $21000 from 20013 till now in the workers comp benefits now my lawyer tried to got settlement from the insurance company ...

    Brian’s Answer

    Hello Jamaica - it should be a pretty straightforward situation. You have an attorney, so either the attorney will be able to negotiate a resolution or not. If not, your attorney will present the situation to the Judge who will direct depositions (that is, testimony of the doctors). Once that is done, the Judge will then review the transcripts and make a decision based on that testimony. As to how long it takes - that is up in the air - the Workers Compensation Board has to schedule the hearing (which takes time), then the Judge will usually give 2 to 3 months to complete the testimony, then has to review the case...hopefully your attorney will be able to resolve it for you first! Good luck!

    See question 
  • Fined for not having worker's compensation insurance. What should I do next, How can you help?

    I started a PLLC on Sep-2015. I am the only person on the payroll. For stupid reason, I am not aware of I am required to have worker's compensation insurance. And didn't provide any proof. I got a letter today. It said I am fined for $6000 for...

    Brian’s Answer

    Closely held companies (that is with 2 or less shareholders) the owners can elect to exclude themselves from coverage. In some instances you might not need to cover yourself - but you may still need to elect that exemption. You should speak with your insurance agent and accountant. You need to also respond to the Work Comp Board and let them know so they don't pile on the penalties. Good luck.

    See question 
  • Can i go back to work if i have a personl injury case

    i got rear ended while i was park on the side of the road while i was working worker comp is pay for my medacil i see the doctor tomrrow if he pus me back to work can that mess up my personl injury case if i go back to work i have a tear in my sh...

    Brian’s Answer

    I am sorry to hear about your accident, and this is a great question. Sometimes you may have two different types of cases as a result of one injury. It sounds like you were working during your car accident. Based on this scenario you will have a workers compensation case and a third party lawsuit case.
    It is always a good thing if you can return to work because workers compensation only pays a limited amount of benefits. You can work and still get medical care and if you eventually need surgery you may even get some money at the end of that particular case. However, this advice may be different from what a personal injury attorney may tell you since the value of those cases is often based on things like severity of injury and lost time. You should speak to your attorney (or both of your attorneys) but think about this - the purpose of any of these laws is to make you whole and to help you return to a productive life. If you can work I would suggest you do so!
    Good luck!

    See question 
  • Do I need to contact a lawyer about a work- related injury?

    I had an accident at work filled out an accident report so my job was aware of the accident. Didn't go to doctor right away didn't think it was that bad. But went to hospital two days because of the pain was so bad later to find out I had somethin...

    Brian’s Answer

    First things first, you did the right thing by reporting this accident - it sounds like a workers compensation case. The fact you waited to get treatment can be problematic but again, you reported it right away. What you need to do is file a claim with the New York Workers Compensation Board and continue to see a doctor. Depending on lost time from work, you may be entitled to weekly wage replacement payments and medical care. Once you return to work you might also be entitled to an award for permanent injury. Bottomline - you probably should speak to an attorney because even if things seem to be working out now there are always challenges, especially when Insurance companies get involved.
    Good luck!

    See question 
  • Appealing to W.C.

    i just recieved a letter in the mail that the judge modified his descition and that i will not be being paid my mileage reimbursment. i went to court 2 times for this matter and won the case and the judge said for the reimbursment to be approved b...

    Brian’s Answer

    Hell Appealing to W.C. -- first and foremost you certainly have the right to appeal the case with or without an attorney. It is unclear from your description, however, at what level this appeal currently exists. If the 'hearing' level Judge made a decision then the appeal is to the Workers Compensation Board. You can reach out to the Advocate for Injured Workers (Check out www.wcb.ny.gov for the phone number). If the decision you are referring to is a Memorandum of Board Panel Decision then you may appeal to the Full Board and to the Court at the APpellate Division Third Department in Albany (Pro Se - on your own)

    Good luck!

    See question 
  • DO YOU GET MSA AMOUNT ONLY WHEN YOU SETTLE WITH A SEC 32 OR DO YOU ALSO GET WHEN YOU SETTLE WITH A LWEC PPD NONSCHEDULE AWARD NY

    OUT 4 YEARS WC NY,ALSO APPROVED SSDI WITH MEDICARE, BAD BACK .MSA APPROVED AMOUNT BY CMS . I WANT TO KNOW IF YOU ONLY GET MSA AMOUNT IF YOU SETTLE CASE BY SEC 32. IF YOU WANT TO SETTLE LWEC WAY WITH SET amount of $ PER WEEK FOR SET AMOUNT OF W...

    Brian’s Answer

    Hello Bayport - that is an excellent question. The bottomline is that if you are found to have reached maximum medical improvement (MMI) and a finding of Permanent disability then the law requires a finding of Loss of Wage Earning Capacity - if you follow that route and do not settle then you are entitled to the weekly payments (subject to certain restrictions) and medical care related to the claim under the guidelines. Medicare is a non-issue since workers compensation is still on the hook to some extent. If you settle your case and use a MSA then it goes through the MSA process. Good luck!

    See question 
  • What to expect during disability physical exam for cdr review?

    I'm worried that it will be too cut and dry. Such as if they ask me if I can bend over, or I can lift this or that. Some things I can do, but I have to ice and rest for a couple hours after simple tasks. So should I answer yes or no to such que...

    Brian’s Answer

    The above answers are on point. I would also note, that even if you have a longer than normal exam with an examiner who asks questions, answers questions and reviews medical - it is still in your best interest to provide to the SSA evidence of ongoing disability from your own treating sources. If it comes down to having a hearing on your entitlement to ongoing benefits you will need to produce your own evidence. Good luck!

    See question 
  • Should I appeal SSDI hearing or should I refile?

    I just received an unfavorable decision from Social security, and I wanted to know if I should appeal. I had my first hearing in January of this year and then a second one in June with a VE. At the beginning of the hearing my attorney had some wor...

    Brian’s Answer

    Since you have an attorney you must speak to them first. However, keep in mind, if you do not appeal and refile then the date of your right to disability insurance starts the day after the denial (so you could lose a lot of retroactive benefits and you could be knocked out of the system on insurance technicalities) SPEAK to you attorney....

    See question 
  • After a workers comp settlement can I file for unemployment?

    I just settled my workers comp case. And in the settlement it says that I can file or unemployment and they will not try to stop me from doing so. I wanted to know can I file today even though I settled my case today. Also will it effect my settle...

    Brian’s Answer

    You can always collect workers compensation and unemployment - the challenge becomes what you are claiming and how it might effect one benefit or another. If you have resolved your workers compensation claim (it is not clear how you resolved it) then you should be able to file for unemployment - you would need to ask the department of labor how long those checks would take. If you have an attorney your attorney should be able to explain in far more detail since he or she will know how you settled your case. Good luck!

    See question 
  • If I am caught cruising the border into USA with 2 fake social security cards, what kind of violation can I be charged?

    I am not living, nor working in the USA, I am doing a tourist trip

    Brian’s Answer

    I believe you should speak with a criminal attorney this is not really a social security question. Common sense seems to say this is improper, but what the consequences are can vary greatly.

    See question