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Have an attorney since 2009 for workman's comp.received monetary thru june 2012 my attorney now says there is no point to appeal

Cairo, NY |

since the last judge found no perm damage and comp has paid me more than the slu% which does not include the web wasting in my hand or the cubital tunnel or nerve damage. want to know if i should get another attorney to continue this matter since my current attorney said today there is no point to this would only be a waste of time and money
please advise
thank you

specific reasons case is at an end.: reserved decision 4/22/14 the Judge stated there was insufficient credible evidence of change in medical condition or scheduled loss of use from 13.8% to an additional 50% suggested by my physician for web wasting which is not included in a schedule loss of use. and my total disability was for 8 weeks and the balance was partial of 139.6 weeks which could not be considered for protracted healing.The injury was to my right hand which at times i can not fully use it i loose grip on things and spoke about an operation and was told will not correct the web wasting and may or may not help with the nerve damage and numbness no guarantee but should be at least the same as it is now which i can not see doing this operation and chance losing the use of my right hand all together. please advise should i consult another attorney or not?

Attorney Answers 3

Posted

You can seek out another opinion from a different workers compensation attorney if you have concerns but before you do that I would first meet with your attorney so that you can get a good understanding the specific reasons why he feels your case is at an end.
There are many good NY attys that are located here so you can use the "find a lawyer "feature to locate one if needed.

If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.

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Frederick S Freibott

Frederick S Freibott

Posted

Mr. Connell is spot on with his answer. Switching attorneys is not always a good idea although it is sometimes necessary. For the record I recommend only retaining an attorney whose entire practice revolves around accident and injury cases. That way you know they have the experience to help you.

Posted

It would not hurt to consult with another attorney. If the payments received are more than the SLU would generate there would be no practical reason to appeal. Did your attorney consider protracted healing?

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Posted

Dear Madam or Sir in Cairo:

Well, you left out a little information.

It sounds like your own doctor stated a percentage schedule loss of use for the hand (100% is 244 wks) and you have been out of work for longer than the number of weeks benerated by that Schedule Loss. It is a measure of loss of function, not cosmetic loss.

If you were out of work for an extended period of time and yiou are able to prove you were entitled to the total rate for more than 32 weeks, then you might be entitled to additional compensation over and above the Schedule for "Protracted Healing Period".

We are assuming there is no dispute between your doctor's evaluation and the Carrier's IME evaluation. If the higher number still results in a finding of DISABILITY EXCEEDS SCHEDULE LOSS then no money is owing.

You can always speak wtih another attorney, who would not take the case unless there is more money he can get for you. It will not cost you to speak to someone.

Down the road, if you need surgery or if there is a worsening of your condition, DUE TO THE ACCIDENT AT WORK), the claim can be reopened (even if closed by Schedule award) t have the Judge consider whether to authorize surgery, authorize treatment OR consider an increase in schedule.

Good Luck

Leonard Feld

The foregoing is based on the little information provided; additional facts may change the comments given.

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