Comments on: Elmira Workers’ Compensation Lawyer Explains Settling Workers’ Compensation Cases

By: Jim Reed

Jim Reed — Thu, 17 Feb 2011 19:19:44 +0000

Here’s the response from a comp representative I trust: You should have no problem filing for SSD. Since you did a Lump Sum Settlement in 1990 there is a very slim chance that you might be able to reopen if it could be established that you were suffering from unforeseen circumstance now. If you were successful you would only be eligible for medical, no Indemity payments. You should contact an attorney who does both Social Security and Comp.

Good luck,

Thanks, Jim
_________________________________
James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: http://www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com

By: Motivatedgal

Motivatedgal — Tue, 15 Feb 2011 04:25:48 +0000

Hi,
I have a N.Y. State workmens comp question. I suffered a back/neck injury in 1987. In 1988 I was declared “permanently partially disabled”. I then settled for a lump sum settlement for about 15K in 1990.
Now in 2011, I’m in my late 40′s and my back/neck pain is bad enough that I want to apply for disabilty..Can I reopen my old 1987 N.Y. State Insurance Fund workmen comp. case?

By: Jim Reed

Jim Reed — Thu, 18 Nov 2010 20:16:12 +0000

Denise:

As I mentioned in the prior comments, my office is no longer handling Workers Comp cases but my best advice in this situation when someone is already represented by a lawyer is that it is ALWAYS a good idea to ask your questions of the lawyer who is representing you rather than asking a lawyer who doesn’t know all the details of your case. So often it is critical to know ALL the facts before a lawyer can give a good answer so you should always start with your current lawyer. If you can’t get a straight answer from your lawyer, then you might want to consider hiring a new lawyer but remember that changing lawyers can be a very big deal so I would caution you to do so carefully.

Good luck, Jim

By: Denise Travis

Denise Travis — Thu, 18 Nov 2010 19:59:25 +0000

My bf has been deemed PPD and recieves only 1/3 of his prior earnings as a corrections officer. His lawyer told him that if he found work, (he was offered a desk job) he would get a larger benefit from NYS ins fund?? How can that be??

By: Jim Reed

Jim Reed — Thu, 23 Sep 2010 20:50:51 +0000

Eric is no longer with us but if you call our office at 607-733-8866 and ask for Jack Schamel and tell him you have a comp question and mention the blog, Jack will be happy to explain things to you. Don’t feel bad, comp is unnecessarily confusing but we are happy to try to explain.

Good luck!

Jim Reed

By: Lissa

Lissa — Thu, 23 Sep 2010 16:52:24 +0000

Hi, Eric!

I am sitting here reading your “blog” and thinking to myself, OMG I have NO idea what in the world is going on with my case. Since you can help all these other people, and explaine things to them without making it all leaglize… I thought “hey maybe he’ll help me”

I have been going threw this for 5.5 years. I don’t think this is a settlement, but I don’t call my lawyer because I don’t want to get more confused, if he would just talk to me like I was 5 it would be ok.

You could say I am being found marked PPD, Atleast that is what both “Memirandum of Law” packets states. My lawyer would like to take up no regard to 15.8, whatever that means, the IC wants 15.8 established?? The IC doesn’t want to put money into the Aggregate Trust Fund?? No clue on what that is. My lawyer also wants to make all prior TR’s permanent? The IC, wants to make my weekly wage Permanent?? Also they want this case NFA??

I am not a dumb person, put the WC laws changed and I can’t keep up with them. HELP. What does all this mean??

By: Jim Reed

Jim Reed — Wed, 25 Aug 2010 15:53:40 +0000

Here is what my firm’s Licensed Workers Comp Rep Jack Schamel had to say:

When a doctor want to perform any service that will exceed $1000.00 they have to get approval from the carrier. The doctor is to submit his request to the Board and the carrier. If the carrier does not respond within 30 days the Board will usually grant the authorization.

It is important that you talk to your doctor about the meds that your husband is on and too make sure if he should develop a dependency to the meds. or develop stomach problems that they are established as consequential to his work related injury.

AS far as a lump sum settlement is concerned it would appear to me based on what you have said about medications that a large part of the settlement would be used up in a Medical Set Aside.

If your husband has a workers’ compensation injury and is not working he is eligible to use VESID and the Workers’ Compensation Vocational Counselor. You can find out about both of these services by contacting the Workers Compensation Board at (866-802-3604) or if you live in the Binghamton, Ithaca, Elmira area you can call Ed Pasto the Vocational Counselor at (607-721-8336).

It is also important that if your husband is less than total, and I am assuming that from your comment that your husband could still work, that he make a good faith effort to attach himself to the labor market. He must look for work within his restrictions. If he gets a job and it is less pay than he was making at the time he got injured he will be entitled to reduced earnings which could be more than his current compensation payments.

When the carrier considers making a Lump Sum Settlement the normal rule is to take the rate the claimant is being paid at the time, times 52 weeks times 5.5 years. This will give you an idea of what the carrier is willing to pay. Remember that there will be a Medical Set Aside that could be sizeable. The other option is to ask for a lump sum on the indemnity payment only and keep the medical open.

I suggest you talk these points over with whoever is representing you or with a new person. If you do a lump sum with someone other than your current representative they could put a lien against the settlement for services rendered.

Jack Schamel, Licensed Workers Comp Representative

By: Karen

Karen — Wed, 25 Aug 2010 00:52:57 +0000

Hello,
My husband has been on w/c since 1991 and has had more than 6 operations on his leg and a hip replacement. The hip was a result of a very long delay in approving a surgery for his knee from the insurance company. Or so his surgeon says, I am beginning to feel that maybe his surgeon is not submitting the requests for these surgeries. I have noticed that all of his w/c patients are still seeing him, 10, 15, 18 yrs after their initial surgeries. It is like they are his “cash cows” so to speak. My husband’s last operation left him with nerve damage that slowly healed and was not permanent. My husband is on strong meds for pain (oxycodene) and he says they don’t really take away the pain. The insurance company has wanted to settle with us for the past 6 yrs. The first amount offered was 101K, back in 1999 which we refused. We felt that a surgery and the recoup and therapy would cost at least double that amount. They did not make another offer. Recently, they have suggested that we might “consider” settleing as my husband is still a young man (57) and could still work a job, but not the job that he was hurt on (pvt sanitation) and not at the salary that he would be making now with at least 20yrs in the field. So, what do we do? Our atty is lazy and I want to change him, but I am afraid that another atty will do the same which is nothing to look out for our interests? Sorry this is so long but I am a little frustrated by all of this.
Karen

By: Jim Reed

Jim Reed — Thu, 17 Jun 2010 18:43:25 +0000

Tim:

I am sorry but MSA issues are way too complicated for me to be able to offer an opinion based upon a little bit of information in an email. In these situations, I always advise folks that they should be sitting down and discussing their questions with their attorney who is familiar with ALL the details of their case. I hope you understand that it’s just not responsible for me as an attorney to try to give an informed decision when there is so much information I just don’t know about your case. I can’t tell you how often my advice as to a particular strategy will differ based upon different facts so it is imperative that you get answers from the lawyer who knows your case. If your not happy with your attorney or he won’t answer your questions, you can consider hiring another attorney, but that is a whole ‘nuther topic! Good luck.

By: timothy

timothy — Tue, 15 Jun 2010 18:18:56 +0000

i had a msa done while ssi/ssd was making thier desion on my case the msa came back almost 500,000 dollars but i was denied ssi/ssd.my question is thier a way i can get the workers comp folks to settle my medical without this set aside meaning send a check to me to do with what i want and they would be off the hook for my medical.i already settle the cash ammount but i have gotten worse the doctors have descoverd i have RSD in my groin this is new we did not know this when we settle the money end of it.i got like 35,000 which is pennies cause my doctor told me that the RSD will criple me and i will be in a wheelchair evenually i have male erectile dysfunction impotence now and its going down my legs is thier anyway i can reopen my case? because of this new found problems or am i screwed.they told me after 250,000 on the medical set aside the goverment steps in and i will get x ammount of money a year for the rest of my life is thier anyway to get around this?