Skip to main content
Victor Fusco

Victor Fusco’s Answers

89 total


  • Workman's comp hearing

    ng hearing I'm 11 weeks post op spinal operation this is the 5 operation in conjunction with my claim I have been on wc for about 2 1/2 years was awarded Ssdi in October I received a wc hearing letter stating the they want to find out degree of...

    Victor’s Answer

    The Board file may not have any medical evidence of your surgery. That could be problematic for you. Ask your doctor for an up to date C-4 and copy of the operative report. If you don't have a laweyer you better get one quick. The carrier will try all sorts of stunts to be done with you.

    See question 
  • Is it possible to get a loan against my workmans comp. case in NYS, anywhere?

    I've been on wc for 13yrs. about ready to settle....just waiting on the right number. It would be nice to have transportation I can count on to get me back and forth without making a phone call or missing a ride. I'm 100% disabled and behind on ...

    Victor’s Answer

    No. I know of no finding company that would advance a loan against workers comp, especially these days when its becoming much more easy for a carrier to find a way to knock someone off or suspend benefits.
    Even if there was, ( and I agree its against public policy) the interest rates would make it unattractive. I don't know a single claimant's attorney who would recommend a loan against a future settlement. And that's probably what your attorney told you. I agree with Mr> Feld and Mr. Mittman.

    See question 
  • I had ankle fusion surgery and was out 7 weeks total. I am an office manager, I was put in a clerical position when I returned.

    I have been working for this company as an Office Manager for 7 years. I broke my ankle on June 9, 2013, had surgery June 13th, (a plate and 13 screws), was out on short term disability and kept in touch with my employer at all times. I was out ...

    Victor’s Answer

    Whether or not this is a workers compensation case, as my friend Leonard Feld questioned, if the company has more than 15 employees you fall under the FMLA as noted by one of the other commentators, but you also may fall under the Americans With Disabilities Act. Are you able to do your past job with- or without reasonable accomodation. If so the employer must take steps to not discriminate against you on the basis of a disability or the perception of a disability. I do agree you need an employment law attorney. Where are you located?

    See question 
  • I'm on worker comp. and I want to start my own business. What to do about worker comp?

    I keep searching or other worker that is light duties mostly an office job instead working in retail . Where I would be on my feet and will have to do things where I can't - such as lifting , bending down quick , push 10 or more carts due to m...

    Victor’s Answer

    You might want to discuss with your attorney whether or not it would be a good idea to settle your case via section 32, i.e a lump sum of money to dispose of the case. Otherwise you will need to show a legitimate job search, consult with Vocational Rehab, etc, to show attachment to the labor market. The issue with people running small businesses is that carriers will constantly be disputing your reduced earnings claims with the allegation you are hiding income or purposely limiting income to generate continuing comp claims. Go over the pro's and cons of a section 32 with your attorney.

    See question 
  • I was approved surgery for lower back L5-s1 by nysif insurance on 1-2-2012 my surgery will be in march 8 '2013 why not all'

    I have lots of herniation's L5-S1also T-8T-9 herniation cervical disc space with herniation to c5-c6 ... also disc space and bulge disc to l2-l3-l4 -l5. I asked the insurance and my lawyer why they wont do all my herniation' s T8_T9 cervic...

    Victor’s Answer

    Did your doctor ask to do them all, I highly doubt it. They generally only work on the disk areas that have been demonstrated by confirmatory diagnostic techniques (CAT Scan, MRI, EMG & Nerve Conduction testing, clinical findings on exam) to be causing symptoms. Many herniations are not symptomatic. Your pain and disability are most likely emanating from the disks that have been authorized to be worked on. Generally the Thoracic areas is the least symptomatic, but also harder to work on. I've never seen an operation done on that many disc levels all at once. At most they do one or two levels. Listen to your lawyer.

    See question 
  • Shouldnt I get paid 100% disability. If doctor wont give me 100% diability and work wont take me back unless I am 100%

    . Doctor put me at 50% disabilty.Work will not take me back unless I am 100%cleared for work. I have asked to go back to work, but they have nothing for me. My job is very physical and requires me to be out in the elements. I am just coming off of...

    Victor’s Answer

    Workers Compensation won't take pity on you. If you are 50% disabled they will pay you 50% of your comp rate meaning they will cut your benefits in half, and state you have an obligation to at least search for something within your remaining 50% ABILITY. (Yes it's quite abstract and theoretical but it is what it is). The Good News is you can apply to unemployment, as long as you are ready willing and able to work with the restrictions your doctor states you DO have. BOTH programs will expect you to make a bonafide seach for work that YOU CAN DOCUMENT, you can't just say you looked for work. Make a list of everywhere you apply, or send a resume to. If you visit write down the company and date and who you spoke with. Go on Big Apple.com, and other internet job sites, cut ads out of the paper. Visit VESID. The reality is in this economy its very hard for anyone to get a job, but you have to tray, otherwise comp and unemployment will show you the door. Between Workers Comp (WC) and unemployment (UI) you can get up to 100% of your former pay, but not to exceed the max avail under UI ($405.00 weekly). So if your comp is cut to $200 a week, but you are ready willing and able ti do lighter work and your employer can't accomodate this you can apply for an additional 205 a week from UI.

    Don't be surprised if some of the examiners at UI have no clue as to what you are talking about.

    You do need a comp attorney, there are some very good ones in the Rochester area. Let me know if you need a name. My email is Vfusco@FBRlaw.com

    See question 
  • I was injured on the job recently. Although I did not lose any wages, am I still entitled to some type of compensation?

    The injury occurred while I was trying to open a broken door that was reported broken several times prior to my injury, but was never properly fixed. The door, which has a push handle on it, was unable to close, lock and open normally. Before I t...

    Victor’s Answer

    • Selected as best answer

    You are entitled to have your medical covered in full- no deductible no copay. You must file certain papers to protect yourself (C-3 ) with the Workers Comp Board. You may be entitled to a schedule loss for any permanency of injury, this is a sum of money. You don't have to lose any time to get this award, you just have to file the claim. Several commentators said to consult with a Workers Comp attorney. We are Workers Comp Attorneys and have an office in Brooklyn (Downtown) near the Workers Compensation Board. You can call us toll free at 1-800-416-5454 ask for the comp department and a paralegal will take some information --ask for a BROOKLYN appointment. Or if more convenient we have offices in Manhattan, Queens, Bronx, Staten Island, and Long Island, if one of those is closer to where you work. There is no charge for a consultation and we only get paid when and if we get you a cash award.

    See question 
  • Cervical Iordosis & Cervical Spinal Stenosis, workers compensation, who pays for dependents insurance coverage?

    I started having terrible pain on neck and right arm the day after helped to lift several boxes at work and it did not go away. I'm in managerial position. I did not file a complaint because i thought it was minor but everyone at work knows that i...

    Victor’s Answer

    You did not indicate when you had the lifiting episode and when you told the boss if you ever did.
    the fact that "everyone" knows your in pain does not translate to the boss having knowledge, in fact Workers comp law requires written notice to management. It may as simple as Dear Boss, this is to let you know on _____2013 I hurt my neck and right arm while lifting boxes. I thought the paid would go away but it did not, it's continued to worsen. Please notify our Workers Comp carrier and have them send me any claim forma I may need. Please give me the name and address of the Comp Carrier." Secondly you should file a C3 with the NYS State Workers Comp board. Like the other attorneys I think you shouold get some legal help with this given the set of facts you have described.

    Third: YOU really do need to come in and see an attorney. We have an office in Kew Gardens and there is no charge for a consultation. You've "messed" this case up a bit on your own, but it can ge set down the correct path. You can call me at 1-800 416-5454 to discuss this. There is a lot you need to know - the sooner the better.

    Finally, as indicated, if you stop working comp pays up to 2/3 of your average weekly wage, but it does not cover fringe benefits so your family coverage would not be covered and you'd need to go on COBRA and pay it yourself, so this is not a situation where you want to be out fo work if you don't need to be.

    Really please call, I see way too many issues that I can not address in this short space

    Good Luck to you.

    Victor Fusco

    See question 
  • How long does the insurance company have to respond to a settlement offer section 32 for a workers comp injury

    my attorney sent the insurance carrier a demand letter in december of 2010 and a demand letter this may to settle my workers comp case but the ins. company won't respond i have been receiving temporary payments for 2 yrs now and haven't been class...

    Victor’s Answer

    • Selected as best answer

    The insurance company is not obligated at all. You are not "entitled" to a settlement. They will consider it if its in THEIR best interest to get rid of you. If they they think they can rid of you some cheaper way, they will want to try that first. You really had better sit tight. You are getting a good rate. You don't want a hearing and you don't want to be classified. You only need a hearing if the insurance company wants to CUT your benefits. In your case from what you described you should keep a low profile and discuss with your claimant the extent of your obligation to "look for some kind of work" within your remaining abilities so the carrier doesnt cut you off on your failure to remain attached to the labor market. SPEAK to your own lawyer.

    See question 
  • After receiving a nys workers comp settlement will the ins. company continue to send private investigators to watch me.

    what i mean is after i get the lump sum settlement called a section 32 in nys will they still send private investigators to watch me.

    Victor’s Answer

    No

    See question