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Troy Gordon Rosasco
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Troy Rosasco’s Answers

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  • How long is a formal consent to settle letter in accordance to workers compensation's rule 29 valid for?

    This letter was issued about 3 years ago from the insurance company but I wasn't able to get my third party's settlement at the time. Now I am able to, is this letter still valid now or do I need a new one?

    Troy’s Answer

    It all depends on whether your net recovery in your third party settlement has changed (especially if it has decreased) in the last three years and whether the WC insurer's lien has increased. The carrier's original consent to settle is based upon the financial facts of the case at the time of the request to consent. If their has been a substantial change in either your net recovery or the carrier's lien, I agree with the others that the prudent course is to recontact the WC carrier to obtain an updated consent. Your third party negligence lawyer should do this. Good luck!

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  • I need help with a workers comp case.

    In feb I was pregnant. I was leaving work and I fell on the ice. I work for the police department. My job made a claim. I work 9-5 and the accident happened at 501pm. My case is going to trail do I need a lawyer?

    Troy’s Answer

    As an employee under the NY Workers' Compensation Law, you are entitled to safe "ingress and egress" while entering or exiting the employers premises. This is called the "gray area" since it is based largely on the time you fall after you exit work and how far you are from the employer's exit. Based upon time the accident happened alone, it sounds like you have a good case. Insurance companies frequently fight these claims, but an experienced workers compensation lawyer should be able to get you over this hurdle. Good luck!

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  • I have been collecting worker's comp since 1993, so I am grandfathered in to collect for life, correct?

    If I move out of state, do my payments follow me, and how do they conduct their yearly investigation going forward?

    Troy’s Answer

    • Selected as best answer

    There is no guarantee under the NY Workers' Compensation Law that you can "collect for life" even if you have been classified as a permanent partial disability (PPD) since 1993. This is a myth that may come back to haunt you.

    The 2007 legislative changes that placed "caps" on PPD classifications have no bearing on your particular case except to highlight that your potential income stream is longer than others who came after you. However, you still must show (usually during those yearly visits from the insurance carrier) that you are looking for work within your physical restrictions and have not "voluntarily removed yourself from the labor market" (even if you concurrently receive Social Security disability). I know this sounds technical and a little absurd (who ever said WC made perfect sense!), but I would strongly advise that you speak to a WC lawyer in NY to review the specific facts of your case before you make any broad assumptions about your ability to "collect for life". And Yes, your payments will follow you out of state and they will do their review either through mail or a private investigator in your new home state. Best of luck!

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  • S.S.I to Disabilility can be change ?

    Im getting S.S.I past august 2011 to now is it possible to get disability benefit not SSI ? work history 1992 to 2000 then 2007 to 2011 and how i can fire my last attorney he file for me disability but denied when denied then i filed...

    Troy’s Answer

    I am a New York social security disability attorney. I am sorry to hear about your past experience with your last lawyer. If you have enough work credits now and have already been found medically disabled under the SS I program, then you should be placed on regular Social Security disability. My best advice is to go down to your local Social Security district office to see if you are eligible for any additional benefits. Good luck.

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  • I have reached mmi after one year and five months I have a permanent parcial disability I have work restrictions neck injury and

    Shoulder injury u recieved a letter from my attorney that he file led with worksmanscomp board request for further action and then I recieved another letter from the board stating they sent a letter to my ic saying possible permanent award and th...

    Troy’s Answer

    I am a New York Worker's Compensation lawyer. Your question is complicated. I agree with the lawyer who suggests that you sit down with your current Worker's Compensation lawyer to map out a strategy. You could go in two different directions depending upon what is best for you. If you can no longer work and your former occupation and could not find employment that is equal to or greater paying and your former work, you may want to look into trying to get a permanent partial disability classification. You might also combine this strategy with pursuing a section 32 lump some settlement. Good luck.

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  • My Workers comp lawyer told me the hospital gives Lawyers a hard time getting records and asked me to go get them is this true?

    I had a hearing and was asked to bring income tax which i had but didn't have a copy my lawyer didn't tell me to bring a copy i did brine the original can i change lawyers my case is going to trail in 2 months

    Troy’s Answer

    I am a New York Worker's Compensation lawyer. You always have a right to change in New York Worker's Compensation lawyer. However, the grass is not always greener on the other side of the road. Be careful. Good luck.

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  • Doctor said he doesn't accept worker's compensation.

    Fractured big toe at work Nov 15. Was seen at hospital. Returned to work the following Monday. (no loss of work). However, I was told to find a podiatrist and follow up because I might need the toe nail removed. Called one recommended by ne...

    Troy’s Answer

    As a Long Island, NY workers comp lawyer, I know it is sometimes hard to find podiatrists who take WC. I would use the Healthcare Provider Search tool on the NY Workers' Compensation Board website. See link below. Good luck!

    http://www.wcb.ny.gov/hps/HPSearch.jsp

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  • How does a former employer have a right to deny section 32

    got a call from my attorney stating employer does not want to settle and he didn't say why. employer terminated me two years ago for being out to long on w/c. i have a back injury that occured in 2009. What i don't understand is how could the empl...

    Troy’s Answer

    • Selected as best answer

    If I had to bet, your employer either has a high deductible workers' compensation policy or is self insured. In both cases, the claim might be administered by an "insurance company", but the $ to pay your settlement will come out of the employer's own workers compensation reserve fund, and they don't want to part with the money just yet. Your attorney should know if this is the situation, so ask him. By the way, if your diagnosis is truly only "sprains, strains and contusions", if they offer you $130,000, take it and run. Good luck!

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  • 2 year old workers comp case still unresolved,Help!!

    I have been fighting Sentry Insurance Co. since 2009 for payment on a Workers comp. case.They accepted liability.then at the very last minute they denied that they was the right company then when came time to pay up on the last day they appealed ....

    Troy’s Answer

    I agree with my colleague Brian Mittman. At this point it appears that the adjuster is simply not caring enough to follow the law, which requires the carrier to pay within 10 days. You should ask your lawyer to request an immediate 20% penalty on the entire award for paying late. Good luck!

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  • Do I need a lawyer for payee help

    I get a disabilities check every month and for the past few months I haven't gotten any of it. My uncle says its for rent even though half of my check goes toward it every month. The other $529 is going to cigarettes and his bills. Is there anythi...

    Troy’s Answer

    Please go to your local Social Security District Office and ask them to remove your uncle as Rep Payee. He cannot use your money cigarettes. They can also help you find a responsible Rep Payee. Call Social Security at 1-800-772-1213 to find your local district office. Good luck!

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