Brian Marc Mittman’s Answers

Brian Marc Mittman

White Plains Workers' Compensation Lawyer.

Contributor Level 13
  1. Both Shoulder injury on same claim same wc case #. had surgery to only one shoulder and was approved for the other. was reluctnt

    Answered 9 months ago.

    1. Brian C. Pascale
    2. Lee Alan Thompson
    3. Christian K. Lassen II
    4. Sean J. Beaton
    5. David Ian Schoen
    6. ···
    10 lawyer answers

    In general, you will be entitled to a Schedule Loss of Use of each body part you injured in a particular accident (assuming it is an arm, leg, etc), regardless of whether you had surgery or not. So if you have an attorney you should discuss with her what the schedules mean. Basically an arm is worth 312 weeks of compensation, so 40% of an arm is equal to 124.8 weeks - if the insurance company agrees to both of your schedules it is the two sets of weeks, added together multiplied by your maximum...

    8 lawyers agreed with this answer

  2. Can an attorney charge me a fee if I only receive lost wages from workers compensation?

    Answered almost 2 years ago.

    1. Brian Marc Mittman
    2. Gregory Scott Gennarelli
    3. David J. McCormick
    3 lawyer answers

    Attorney fees are set by the workers compensation board and come 'out of' any money benefits that an attorney recovers for you. You do not pay the attorney separately.

    8 lawyers agreed with this answer

  3. `IF WORKERS COMPENSATION BOARD MEMBERS MAKE A DECISION DO THE EMPLOYEER HAVE TO PAY THE BACK PAY BEFORE THEY APPEAL

    Answered about 1 year ago.

    1. Brian Marc Mittman
    2. Brandon S. Clark
    3. John M Connell
    3 lawyer answers

    Great question, as noted by the other answer there are two levels of appeal. The first is an appeal of a decision by the law judge. While you wait for the "Board Panel" of three members to make a decision the employer does not have to pay benefits. However, once an appeal is decided by the three member panel, if it is in your favor, then they have to pay even if they decide to proceed to a higher level. Hope this helps!

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  4. Workmans compensation hearing

    Answered over 2 years ago.

    1. Brian Marc Mittman
    2. Leonard Bernard Feld
    3. George Ellis Corson IV
    4. Clifford Michael Farrell
    4 lawyer answers

    It is always a good idea to be present at the hearing. It has become extremely difficult in NY to get an actual live hearing. Do not be suprised if the workers compensation board actually does everything by paperwork without actually having a hearing. Also, by being at your hearing, if an issue comes up you can be there to explain or answer questions. And if an offer of settlement is presented, you could even settle your case at that time! Good luck!

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  5. Medicare is trying to collect money from my mother for bills paid for my father.

    Answered over 2 years ago.

    1. Brian Marc Mittman
    2. Clifford Michael Farrell
    2 lawyer answers

    This is a really tough issue. There is a Federal Statute known as the Medicare Secondary Payor Statute which basically says if there was some other entity that should have paid the medical expenses (such as workers compensation, lawsuits, private insurance...) then before settling a case or claim you must get Medicare's pre-authorization. Its even crazier since this has been on the books for years but has only been enforced within the last ten years. You may want to start out by speaking to the...

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  6. If i settle a workers comp claim for 75% disabled could i work a part time job? injury is not better but i can not afford

    Answered 8 months ago.

    1. Brian Marc Mittman
    2. Leonard Bernard Feld
    3. David Brian Snyder
    3 lawyer answers

    Great question. In New York, the bottomline in Workers Compensation is that if you can do some type of work you should. While I cannot tell from the minimal details you provided, it sounds like you are being found to be less than totally (100%) disabled which means you have some ability. If you return to work, notify the insurance company and your attorney and keep track of what you earn so that it can be figured out what amount of benefits you may be able to receive. Good luck!

    6 lawyers agreed with this answer

  7. I filed for social security disability about a year ago and was denied payment. I did not know I could have appealed

    Answered about 1 year ago.

    1. Brian Marc Mittman
    2. Paula Brown Sinclair
    3. Andrew J Muirhead
    4. Robert C. Alston
    4 lawyer answers

    Brooklyn - assuming you have the medical conditions to qualify you should speak to an attorney regarding reapplying. It is most likely you should reapply. There are some circumstances where you would be able to go back to the original denial date, however, that is based on specific facts and circumstances. Most importantly, get on it right away. Good luck!

    6 lawyers agreed with this answer

  8. Can i receive permanent disability

    Answered about 2 years ago.

    1. Robert A. Stumpf
    2. Brian Marc Mittman
    3. Brian Thomas Canupp
    4. Yolanda Navarrete
    4 lawyer answers

    There are many factors that go into a determination of permanet disability. The first and foremost is waht type of disability are you applying for? Social Security, Long Term Disability, Workers Compensation and so forth. Each of these will have a different requirement so you need to figure that out. As to your conditions they certainly sound like they will be enough. Good luck!

    6 lawyers agreed with this answer

  9. SSA-1099 workers comp offset

    Answered over 2 years ago.

    1. Brian Marc Mittman
    2. Clifford Michael Farrell
    3. George Ellis Corson IV
    3 lawyer answers

    You have a few issues going on here. The best place for you to go is to speak to a tax specialist (accountant or tax service). Normally, Social Security Disability benefits are taxed a certain way and workers compensation is not taxed. However, if Social Security lowers its payments to you because of workers compensation, even though Social Security pays you less, they tax you on the total amount of Social Security - its almost a hidden tax on workers compensation for people who can least...

    6 lawyers agreed with this answer

  10. Out on workmans compensation

    Answered over 2 years ago.

    1. Brian Marc Mittman
    2. Leonard Bernard Feld
    3. Stephen Russell Chesley
    4. Michele Susan Lewane
    4 lawyer answers

    You have definitely asked the right questions. Bottomline, if you return to work and earn less money, if that is the cause of earning less money (you take a lower paying light duty job) then you can get a portion of the lost money. So, if you earned 1000 a week. You return to work light duty earning 400 a week you have lost 600 dollars. However, you would be entitled to possibly getting 2/3rds of the difference (another 400). You should definitely speak to your attorney about this since there...

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