What happens at a nys workers comp permancy hearing

Asked about 3 years ago - Hamburg, NY

i have been on workers comp for 2.5yrs now at a Tpd rate, went to ime doctor for a permancy evualuation, was there for 10min and he said i have a permanent partial moderate disability, my own md is saying i have a 100% disability, i have a back injury which did not require surgery what i would like to know is do the carrier usually offers a settlement, do the judge always lowers the payments once classified.

Attorney answers (3)

  1. Kevin Francis Guyette

    Contributor Level 15

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . A. Hire an attorney. Yes, the fee comes out of your money, but 85-90 % of a lot is much better than 100% of a little

    B. If the two sides cannot agree, the doctors may be deposed, if they haven't been already. Then a judge will review memos prepared by both sides, and decide

    C a settlement called a section 32 agreement may be entered into, which may resolve all issues permanently, including medical payment

    I cannot stress enough the need for you to confer with an attorney.

    There is no attorney-client relationship formed as a result of this communication. If you find this information... more
  2. Jerry Anthony Gambino

    Contributor Level 8

    1

    Lawyer agrees

    Answered . You definitely should retain a Workers Compensation lawyer. Chances are that this issue will not be resolved at the 1st hearing. There may be a need to take your testimony and of the Drs. If your accident is after March 13,2007, the issues are even more complex as the Judge will attempt to determine your loss of wage earning capacity.

  3. Leonard Bernard Feld

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Dear Madam or Sir:

    I hope you are using an attorney whose practice is restricted to workers' compensation claims in New York.

    It is likely, there will have to be testimony taken of the IME and from your own Doctor; the Judge will resolve the differences in their opinions as to your degree of disability. You really cannot do this alone.

    You need to get past this hurdle before you start worrying about settlements and whether your weekly rate will be reduced when the case is classified.

    Furthermore, you did not say your date of accident; it is possible your claim is subject to a "cap" on future payments, which is tied to your degree of disability when the case is finalized with a Permanent Partial Disability.

    Good Luck

    Leonard Feld

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