-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Jerry Anthony Gambino's Answers
- 22 Legal Answers
- 1 Legal Guide
2
Attorney answers:
How to request a nys section 32 hearing
I understand that this is a frustrating situation. But a settlement per Workers Comp Law Section 32 is an agreement between 2 parties. If the carrier does not want to settle then there is really nothing that can be done to force them. There is no point in asking the Workers Comp board for a Section 32 hearing unless a signed Section 32 agreement has been submitted to the Workers Comp Board.
Selected as best answer
3
Attorney answers:
Will they deduct the time i have been on temp. partial from my number of weeks once classified.
No. You are confused with what is referred to as a Schedule Loss Award. Schedule Loss Award is for permanent injuries to the eyes, ears, fingers, hands , arms, legs, feet and toes--not a back injury.
Selected as best answer
5
Attorney answers:
I had two hearings one for shoulder , and one for my back, neck, bilateral carpel tunnel
The fact that your injury is due to repetitve use (Occupational Disease) does not result in a higher award.
2 lawyers agreed with this answer
3
Attorney answers:
My Wc doc has me out of work on full disability. the IME doc saw me for 2 min and said that i can return to work immediately on
We often see a difference of opinion betweent he carrier's Dr and the treating Dr. Although the carrier's Dr may have examined you for only 2 minutes, he probably reviewed all the records and based his opinion on the records. You definitely need to get a Workers Comp attorney involved in your caase.
1 lawyer agreed with this answer
4
Attorney answers:
After receiving a nys workers comp section 32, how long should i wait before getting a job
This really should be reviewed by your Workers Comp lawyer. However, in a typical Section 32 settlement, the carrier is no longer interested in what you are doing after the settlement. BUT, it would be careless for you to make a decision on this issue without discussing it with your lawyer.
1 lawyer agreed with this answer
5
Attorney answers:
After receiving a WC settlement and being 66% disabled am I able to apply for SSD if I can not find a job that I am able to do?
Yes. And remember the SSD is a benefit based on all conditions that may disable you from work--not just the Workers Comp injury. So if you have other conditions that contribute to your disability, you need to list those on the SSD application.
1 lawyer agreed with this answer
4
Attorney answers:
Do I have to pay a retainer's fee if i'm under workmans comp?
No.
1 lawyer agreed with this answer
4
Attorney answers:
Pregnant on workerscomp, can the carrier stop my payments due to me being pregnant
We submit that if you are ready and willing to work except due to the injuries of the Workers Comp case, then your weekely benefits should continue. Also, I have seen carriers continue payments even for the time after the delivery.
1 lawyer agreed with this answer
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.
No, I do not see a insurance carrier making that request for a Section 32 Agreement. Also, the Section 32 Agreement should not effect your Unemployment benefits.
1 lawyer agreed with this answer
3
Attorney answers:
Can I sue
You have a Workers Compensation case. However, you definitely should contact a lawyer to discuss both your Workers Compensation case and the possibility of a 3rd party negligence case. You lawyer may need to do an investigation as to the ownership issues.
1 lawyer agreed with this answer