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A question about New York State Workers Compensation?


HELP! Workers Comp hearing question? I'm at MMI and my hearing is tomorrow.?
I just spoke with my lawyer. My hearing is tomorrow and both the IME doctor and my doctor are saying two different things.

The IME doctor says that I am a Scheduled Loss of Use and my doctor is saying that I am a permanent partial classification.

The lawyer said that tomorrow they will stop my payments and have to do an "over the phone" deposition of both doctors to come to a conclusion.

He also said that "classification" is usually a back injury and so he doubts that the judge will rule in favor of the classification which will end up with me having no money whatsoever after they deduct what I was already given.

SO THESE ARE MY QUESTIONS:

How can my doctor put me at a permanent partial classification if this is not usually given for arms, and how can I fight to get it???

I want compensation for all the money I haven't been able to recieve at my former job due to this injury.

Will my lawyer fight for me??? Is there something else I can do to help my case???

Also, how can they stop my payments while I am in litigation before the judge makes a decision?

FYI, this is for injuries to both arms. They have both been operated on for tedonitis, tennis elbow and I have a permanent partial disability.

Thanks all who answer and are able to help.

Each state is different, however, my state is set up like the laws of New York ( workers compensation ): I will explain this the best that I can.

The IME is paid for by Workers Compensation, so the IME is on Workers Compensations side. The IME should have issued a percentage of your loss.

Your doctor should also issue a percentage of loss, not just a permanent partial classification. They both, your doctor AND the IME should write down a percentage of loss of your injury. The judge will decide tomorrow of what percentage loss you actually have.

Now, with that being said : Lets say you have a 5% loss ( just used as example ) you will get 5 months of payments. A check will be sent to you every month ( one check ) for 5 months. You will only get a portion of the money on the 5th month.

I hope you get this figured out....Workers Compensation will stick it up your a..... if you let them. Hopefully you have a good lawyer and hopefully your doctor will stand up for you when you need them to testify.

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