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Camila P. Medici

Camila Medici’s Answers

227 total


  • Are both employers liable for the injury?

    A pre existing, work related injury from a previous job was reinjured at new job and the employee was dismissed.

    Camila’s Answer

    This would greatly depend on several factors. Is your doctor saying that the new accident exacerbated a pre-existing condition caused by the prior work accident? Were you working for the same employer? There could be an apportionment issue but that would not stop you from having a new claim. File a C-3 and a C-3.3 and you should prevail so long as you have competent medical evidence and no contrary evidence (or if the contrary evidence is incredible - such as a bogus IME report). You definitely need an attorney on this if you are out of work and this is a back injury or if this is an extremity injury regardless of your work status.

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  • How long can I take to accept NY Workers Comps offer for a dental implant?

    I broke a crown at work, NY comp replaced the crown, and almost a year later the crown fell out. The dentist recommended that the remaining tooth be extracted. I was referred to an oral surgeon that pulled the tooth. I was contacted by an insuran...

    Camila’s Answer

    I am so sorry for what you are going through. If the implant was authorized, that authorization cannot be retracted. If it was not authorized but was originally requested, typically the Carrier has 30 days to reply either granting or denying it and if no reply is received it is deemed granted. But there requests for authorization must be submitted in the appropriate form and sent to both the WCB and the Carrier. The doctor is the one who sends them. If you have an attorney that is something to discuss with him/her. Without further details this is the best answer I can give. Good luck!

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  • Are Laminectomies pre-authorized under the medical guielines? Does my doctor need authorization if an appeal on degree is pendin

    I was a bar tender and had a work related injury lifting a heavy case of bottles last year (2015). Prior to that I had a car accident in 2009 where I injured my back and had lumbar fusion surgery. Then I had another car accident in 2011 but only...

    Camila’s Answer

    Laminectomies, unlike fusions, do not require pre-authorization, but many doctors still will not perform them without the written consent of the Carrier. Getting surgery certainly warrants reinstatement to total, but getting a hearing during a pending appeal can be an issue. You can contact the advocate for the injured worker and put some pressure on them to get the appeal resolved quicker (I have seen cases in which a decision was rendered in 3 months, but it's rare). Your attorney also has to be persistent while requesting a hearing to reinstate you to total if you have surgery, calling the board and explaining that the hearing being requested is important because it is for an unrelated issue to the appeal that would in fact render the appeal moot. Sometimes the Carrier will do the right thing and withdraw the appeal to avoid penalties.

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  • Do i have a lawsuit case? I now have pains in my back, shoulder and ancle.

    Hello. I began working at a company called Sysco in New Jersey. I live in bronx ny My job required me to drive a box truck and deliver foods and merchandise. The problem i faced were that 1)They would often have me work from 5am until 12am and ...

    Camila’s Answer

    Generally speaking, if you were an employee of the company, your sole remedy would be to file a workers' comp claim if you were injured. However, if the acts by your employer were intentional you may be able to sue as well. It's hard to prove however, and you would need to have some type of bodily harm from this accident. There could also be a lawsuit against the manufacturer of the truck or machine use for the readings if something was faulty on either end. Regarding the hours, were you paid overtime? If not, contact the DOL to let them know and take action against your employer for violations pursuant to labor law codes.

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  • Can the insurance company not pay after a Judge instructed them to pay?

    This is a worker's compensation case. I saw a Judge this January 2016. The Judge instructed the insurance company to pay me full pay, pay my medical bills and pay my travel expense. The insurance company filed an appeal and is currently not payi...

    Camila’s Answer

    Yes, the insurance company has the right to an appeal if they file it within 30 days of the date of the filing of the notice of decision, and they unfortunately use this as a tactic (quite unethically if you ask me), often knowing they will lose on appeal, just to coerce the claimant into taking a low ball offer to settle or to create such a financial hardship that the Claimant will become desperate and return to work in any capacity, even if it poses a physical risk. I am currently in the process of writing an article on the topic, and pursuing legislative help to change this by creating an incentive against Carriers' frivolous appeals through the imposition of harsher and higher penalties (right now the penalty is peanuts, and given that Carriers' attorneys get paid by the hourly work they do, they usually recommend the most amount of work possible which means roadblocks for the claimant). Ultimately the cost is much higher to the Carrier to do things this way, but I digress. Back to your question, as my colleagues and I stated, the Carrier does have the right to pay you at the rate corresponding to the degree of disability that their IME felt you had until the appeal is decided, the argument being that if they were to win on appeal there would have been an overpayment had they complied with the judge's division and they would not necessarily be able to recoup the difference after winning on appeal. Even if they lose on appeal, they can always file an application for full board review which will drag the issue out even longer. This imay seem unfair but it is their right and there isn't anything your attorney could have done differently to stop it short of coming to a compromise before the trial. You can however contact the advocate for the injured worker and keep calling daily to pressure them into rendering a faster decision since it often can take a year for a decision to come about. Your attorney should also be filing a rebuttal to the carrier's appeal within 30 days of receiving it. Good luck!

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  • My question is who would he go after for a personal injury suit, and is there a case possible

    i posted a question last month about my 19 year old son who suffered a traumatic right foot crush injury while working. i would like to add a few more details to the situation. he was working as a seasonal employee for the county department of pub...

    Camila’s Answer

    He could sue the driver of the vehicle that ran him over if that was not a co-worker. Did anyone get the plate of the car that ran over his foot? Was a police report filed? There could be criminal liabilities imposed on that driver as well. Does your son have an attorney? If so, his attorney can direct him to the right personal injury lawyer to address the possibilities.

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  • How can I reopen a past workers Compensation File?

    How can I reopen my case? Many years ago at my work place I splashed a chemical in my left eye. I immediately informed workers compensation commission and filed a claim. They gave me a total sum of $1300. Which was pathetic in my opinion that ...

    Camila’s Answer

    As long as your claim was not closed on a S-32 settlement., you can file an RFA-1 and attach a report from your doctor saying you had a change in condition. Whether you will be entitled to continued money benefits will depend on what that money you received was for (SLU, retroactive benefits from lost time, etc) as well as your ability to work now. If you had an attorney represent you in that claim, you should contact them again and explain the situation .

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  • How likely the judge will make decision for my case? and how long time take again ?

    HI, I got injured on my left foot and made surgery on my great toe at my work since 20013 the insurance paid for me around $21000 from 20013 till now in the workers comp benefits now my lawyer tried to got settlement from the insurance company ...

    Camila’s Answer

    As my colleagues mentioned this will be pretty straightforward, most likely either your attorney will negotiate a percentage between what your doctor is saying and what the carrier's consultant is saying percentage wise, or at the next hearing the judge will direct depositions of both your doctor and the carrier's doctor and your attorney's job will be to show your doctor's opinion is the more credible one. Your attorney can also negotiate a Section 32 settlement to close the case permanently and completely, but that depends on how confident you are that your condition will not worsen in the future and other factors. You should speak with your attorney and ask about how much money you can expect to receive in each scenario. If you were already paid $21,000 then the Carrier will most likely have a credit for that amount, which will come out of your SLU award.

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  • Can i now retroactively file a workers compensation form to receive compensation for my cartilage degeneration,and arthritis?

    I had arthroscopic knee surgery in 2005. i associated the deterioration in my cartilage to the fact that I've engaged in basketball competition all my life,and my job as a bus operator for new york city transit since 2002. i just recently went out...

    Camila’s Answer

    You may run into problems with the statute of limitations that requires that you file a comp claim from 2 years from the date of accident, or, in case of an occupational disease, two years from when you knew or should have known you had a causally related injury/disease. But if you continued to work despite the injury without problems and didn't require surgery until this year you could potentially show you had no reason to know that you had any injury from your work activity and only found out that was the case when your doctor diagnosed you and said your repetitive activity caused the injury. You also have the fact that each day working is considered a new date of injury for occupational disease claims. The best way to find out whether you have a claim is to contact an attorney to review your file. It usually does not cost you anything for a consultation.

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  • Can a Dr give your employer an ok to return to work for light duty if you personally have NOT received a verbal or written ok to

    Was appointed to a MD by employer after work related injury. My employer and MD know and contact each other and now I'm lost to what is legally ok in a workers comp case.

    Camila’s Answer

    It looks like you don't have an attorney and you REALLY should get one. I know it sounds self-serving, but the fact that you have apparently only gone to an independent medical examiner (IME) instead of the doctor of your choice is very troubling. When you have a work related injury the first three things you have to do (in order of importance are: 1) SEE A DOCTOR OF YOUR CHOICE THAT TAKES WORKER'S COMP INSURANCE, 2) notify your employer that you were injured at work (preferably in writing), and 3) file a WCB claim with the Workers' Compensation Board by filling out a C-3 form and sending it to the Board. If you have not seen a doctor of your choice you are compromising your rights and destroying your case. Getting a workers' comp attorney is easy, does not cost you anything out of pocket, and will get you a lot more money in your pocket by maximizing the value of your case than it will cost you in contingency fees. You have nothing to lose and everything to gain by getting an attorney.

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