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Victor Fusco

Victor Fusco’s Answers

111 total


  • I wanted to know how my worker's comp settlement will affect my children's SSI

    I am about to receive a settlement and I wanted to know will I have to ask for a onset? I don't receive SSI my two kids do and they live with me. How will this affect their monthly assistance? Thanks

    Victor’s Answer

    a portion of household assets are deemed to the children. So it may effect their SSI, but shouldn't cut them off totally.

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  • I HAVE RIGHT TO KEEP MY DOCTORS IN NY AND MAKE MY SURGERY IN NY AFTER I TRANSFER MY WC FROM NY TO NJ OR NOT ?

    two days ago and my WC case been transfer from NY to NJ like i want because i know i have more benefit in NJ more than NY , and i have been treat from 08/2015 until today in NY and i made two surgery in my lower back one in 4/22/2016 and one 4/25/...

    Victor’s Answer

    Your question is not clear (at least to me) Was the jurisdiction of your case found to be a NJ case, or did you simply MOVE to NJ. If you have a NY case and simply move to NJ, New York retains jurisdiction and NY rules apply and you had best use NY Doctors as its very hard to get Jersey doctors to want to deal with the medical gauntlet that typifies NYS Workers' Comp. However, if for some reason you requested NJ jurisdiction and that request was honored, and New York has not ruled on the question, a carrier may treat this a NJ case, at least until one fo the comp board's issues a ruling. Which state do you want to take jurisdiction and why. If NJ, better get an NJ lawyer. The rules in each state are different as pertains to doctors. In NY if the doctor treats within the guidelines carriers have to pay him, I don't know what they do in NJ, and suggest you immediately consult an NJ compensation lawyer. This is too complex for you to navigate without an attorney.

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  • Should I take the new job and if so how do I inform my current job. And do I have any kind of case.

    Work for a milk company delivering milk out of a tractor trailer.I hurt my shoulder and is currently on comp.If I have a new job offer just driving a tractor trailer with no physical labor involved how will it affect my comp case.I will be taking ...

    Victor’s Answer

    Your comp case will likely result in a schedule loss award. Any money paid to you now whether for lost time or reduced earnings will be deducted from that schedule loss award. Since you have a 300 a week deficit, if you take the job, the most comp you would get is about $200 (2/3 tax-free). You might want to wait until a year has transpired to see what kind of permanent loss you have before deciding what strategy to take in this situation. Best you get a workers compensation attorney to guide you correctly based all the facts of your case and current case law of failure to maintain oneself as part of the labor market. I personally think you are always better off working if you can. Trying to get reduced earnings awards can sometimes be not worth the effort is you have a schedule loss award at the end of the rainbow.

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  • How long does an appeal take to get an outcome?

    I have an active Workers Comp case that was denied after 9 months. It has been appealed and its a pretty cut and dry case.

    Victor’s Answer

    Much depends upon a number of factors. 1. you say it's cut and dried. A lot of my clients say this about their cases, but the cases are not cut and dried. There are issues between carriers sometimes. If they appealed simply on the basis they don't like the decision...well maybe that's cut and dried, but more often than not, carriers find more technical issues to appeal on. 2. How many transcripts of hearing testimony and need to be typed and in the record before the board can proceed? 3. How many parties are involved in the case? Are there issues between carriers on this case and a prior case to which your carrier is trying to get some responsibility. 4. Are there vocational issues? Is there a question of removal from the labor market? 5. What is the current volume of appeals pending at the Compensation Board. That said, you are unlikely to see a result in less than 90 days and sometimes the Board can take over a year as noted in the above comment.

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  • What can I do to reopen a w/c case

    I missed 2 court dates for a hearing for workers comp I failed both appearance I then called to make another I was told to have a lawyer to do anything I since then haven't done nothing about it can I reopen it I was never compensated for my lost ...

    Victor’s Answer

    1. Send a letter giving a good reason-qhy you missed the hearings, perhaps you could not leave the job on those dates.
    2. Under the circumstances you should get a lawyer, because it seems to me that without one you are going to mess this case up further. There are a"million" questions I'd ask you if you came into my office, to see if this thing is on the correct course. Get a local workers comp lawyer as soon as you can. Check the phone book, call the local bar association, contact the NYS Injured Workers Bar Association, The WC Board in your area may have a list of local representatives. You may have a lot of money at stake here.

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  • Do I have a case against the nysif for neglecting me medical attention?

    I got injured at work, which required me to get surgery on my shoulder. After the surgery i wasn't able to return to work, because I exceeded the time limit given to me. So I was fired. I'm on workers compensation, but it's not enough for my bills...

    Victor’s Answer

    You should retain counsel and pursue your remedies at the Workers Comp Board. You are entitled to a hearing on the issue. Doctors can request a variance from the "guidlines." if the Insurance Medical Examiner agrees with your doctor that you need more PT, I doubt a comp judge would decide otherwise. SIF is taking advantage of you not knowing the system. Get a compensation lawyer pronto. If need be depostions can be taken of your doctors. This is where your doctor testifies from the comfort of his/her office over the phone, so ti doesn't waste their time in court.

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  • How come i never received anything? Am I entitled to any of that? A little confused.

    I got a letter saying AWARD: the employer and/or insurance carrier are directed to pay weekly compensation rate and an amount... It does say the date from when to when and it also includes weekly rate amount but i never received anything. Incide...

    Victor’s Answer

    If you were paid salary while you were out, the award may be reimbursed to your employer. If that was the case, somewhere it will say "reimburse employer." If that is the case, you would ordinarily be entitled to get back a proportional amount of personal/sick/vacation time back, that the employer may have charged you with. If you did not get salary while out, they had 30 days to appeal, if they didnt and they still havent paid you ask for a hearing on carriers failure to pay and ask for a 20% penalty. You'll get it.

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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...

    Victor’s Answer

    That as you describe may well be an occupational injury. However if you have always been symptomatic, you may lose such a claim. However you didnt say you were symptomatic after your surgery. Assuming you wer symptom and treatment free until recently you can indeed file an occupational disease claim, you have two years from when a doctor states "THIS IS DUE TO YOUR JOB." I would say do not try to handle an occupational disease claim without a lawyer. There are too many pitfalls and traps. You need guidance all the way through from the securing of medical evidence giving causality to, the wording of your claim form.

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  • Can i switch law firms in the middle of my workers comp cases?

    i signed a contact with a NYS workers compensation firm, i have two different worker's comp cases open with then, one has been approved one is pending with appeals division @WCB. i am under Dr. care for both, and have been actively working ,alth...

    Victor’s Answer

    I agree with other three attorneys. You may have difficulty finding another lawyer to take a "no lost time" medical only case. lawyers don't get paid for handling a case without lost time or a permanency injury, and they can spend a lot of time on medical issues without remuneration. Nevertheless, it seems you have a serious case, that sooner or later a lawyer will be able to make a fee on. Plus you may wind up with claims for other types of benefits such as Social Security Disability benefits if you are or will be out of work for 12 months or more, due to the injuries here.

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  • What can I claim on M&T?

    Hello, I have had an open workers comp case in NY since 11/2014. I have injured my cervical spine causing radiculopathy in my right arm. I am scheduled for an ACDF with allograph and instrumentation in April. I have all approvals. My doctor sa...

    Victor’s Answer

    Yes you can claim and as you astutely observe the doctor must indicate he told you to get these items in his office notes. Are you getting or in the process of trying to qualify for Social Security Disability. If not, you should get the ball rolling on that as soon as possible, or you will be losing past due benefits. After 24 months of SSD payments you qualify for medicare, which would cover your non comp related medical expenses. You did not relate how the accident happened. Sometimes there are third party liability actions which can be brought in addition to a Workers Comp case, arising out of the same set of facts. Was that discussed. Finally, with injuries as severe as you describe aren't you getting 2/3 of you salary. Is your claim in litigation, if the carrier is shortchanging you by claiming you have less disability than you do?. Your question is a good one, unfortunately it led me to a lot of additional questions. I wish you well.

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