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Treatment post Wisc agreement

Most Workers' Compensation claimants are unaware once they resolve their cases on a Wisc hearing, they may be able to reopen their cases if their medical condition has changed for the worse. A "changed condition" means your doctor must agree the reason for the treatment is still related to the original claim but,  now the degree of disability has become worse requiring new,  not maintenance care. Please contact your doctor should you believe this applies to your case. As always,  these writings are for educational purposes and are not to be considered legal advise. You should always contact an attorney for specific advise where a retained representative can evaluate your specific circumstances. Each case is different and can best be evaluated by direct interview with your legal representative.


Best Regards,

Eliot S. Levine & Associates
1455 Veterans Highway
Islandia, New York  11749
Telephone: (631) 234-5484
https://www.facebook.com/longislandworkers
http://www.LongIslandWorkers.com
DISCLAIMER
#workerscomp #nyworkerscomp #WorkersCompensation #nyWorkersCompensation #liWorkersCompensation #liworkerscomp #Attorneys #nyAttorneys #liAttorneys #liLawyers #Lawyers #ssi #ssd #eliotlevine #law #Redsail2 #Hauppauge #HauppaugeAttorney #HauppaugeLawyer #HurtatWork #InjuryAttorneys #hablanespañol #español

Too little too late is the workers’ compensation reality.

Too little too late is the workers’ compensation reality.

Compensation when enacted and modified has always professed to be interested in promoting fast and just resolution of industrial injuries and occupational diseases. What has developed is extended litigation by way of a digital presence. The medium is not always the message. Just because we can now inspect and connect with the existing systems of documentation electronically and even remotely does not by itself, permit just or quick conflict resolution.

Electronic filing of documents and review through computer access with shortened periods of time does not remove or even unearth the delays associated with the decision making process and appeal determinations. There cannot be a cookbook analysis where every factual situation leads to a quick one size fits all evaluation. Each case must be decided on its merits with ample time left for development of the record by all interested parties.

The moving parts of a standard compensation claim, relies upon factual development with confirmation by both employers and injured workers; presentation of Medical evidence with reasonable time for review and confrontation if requested, pursuant to wcl sec 20. This section of the Workers’ Compensation Law grants the statutory right to “ a  hearing where either party may present evidence and be represented by counsel”.   This is the gray area of litigation enshrined and preserved by the actual hearing process.  Concomitant with these rights is the appeals process.

Regrettably, the time associated with the publication of a determination after appeal has become more that 14 months and counting from the initial application for said appeal to the wcb. This means after the delays associated with the hearing process are absorbed, an injured worker may not actually be receiving monetary benefits nor medical treatment for an extended period of time which has irked both the disabled worker and employer alike.

What is needed is not more computerization but, more personnel in the administrative appeals process who can render equitable decisions on the appeals submitted in a shortened time period.  This is not a call for rubber  stamping lower board decisions but, a  shortening of the delay in rendering  well thought out and credible determinations once reviewed.  Possibly this will not fall on deaf ears.

As always , this is one man’s opinion and merely submitted for discussion bases. All individual issues should be discussed with your representative for more complete advice.


Best Regards,
Eliot S. Levine & Associates
Attorneys at Law1455 Veterans Highway
Islandia, New York  11749
Telephone: (631) 234-5484
Fax: (631) 234-5561
Email: ContactUs@LongIslandWorkers.com
www.LongIslandWorkers.com
DISCLAIMER
#workerscomp #nyworkerscomp #WorkersCompensation #nyWorkersCompensation #liWorkersCompensation #liworkerscomp #Attorneys #nyAttorneys #liAttorneys #liLawyers #Lawyers #ssi #ssd #eliotlevine #law #Redsail2 #Hauppauge #HauppaugeAttorney #HauppaugeLawyer #HurtatWork #InjuryAttorneys #hablanespañol #español

Caps in Workers' Compensation

Workers' Compensation claimants are now beginning to appreciate the effect of "caps" in Workers Compensation cases. In March of 2007 cases for claimants who suffered accidents or on the job injuries and who became classified as permanent partial disability cases with initial dates of injuries on or after that date began to have their benefits limited in duration from the date of classification. What this means is that the apparent right to receive continuing indemnity benefits could be stopped once  a cap was instituted as directed by the changes in the Workers' Compensation Law. A schedule of continuing monetary benefits is posted for the degree of an individuals loss of earning capacity. It appears that this duration for most classes of permanent claims is around 5 to 6 years. The effect of the caps is that once effectively established as a classified case with a finding of loss of earning capacity,  you can only receive with limited exceptions monetary benefits up to the duration of the cap. Therefore the value of your monetary benefit outside of continuing medical rights,  ends,   at the expiration of the capped time period. If your cap is for 5 years you can only receive another 5 years of indemnity benefits post the date of classification. For years claimants attorneys for different reasons have avoided classification and hence held off the institution of a cap. The claimants' attorney held off  to permit continuing benefits to the claimant  and the carriers could put off having to place large reserves and payments to specific funding aggregates. also known as the aggregate trust fund. Now the agency has begun to set cases for classification and findings for loss of earning capacity regardless of either the claimant or the the carrier requesting same. What this has done is to place the administration directly in charge of curtailing  benefits for most claimants and requiring the institution of deposits by certain insurance providers into this aggregate trust fund. An additional effect has been a reduction in the settlement value of a case to claimants with capped cases. For example if you have a capped case  of 5 years the insurance carrier only has to continue paying indemnity benefits for an additional five years so their interest in settling a case becomes a factor of the five years. Some insurance companies are using a factor of 60% of the cap . Five year cap value  at 60%, which would generate three more years of benefits  as the settlement rate  as a function of the weekly indemnity rate. If the payout was five years at $400  or $104,000, now the offer becomes $62,400. Some claimants when faced with such offers opt to continue running out the cap till nothing remains. Other grasp for the reduced indemnity benefit in one payment rather than weekly payments under the length of the cap. The real incentive to the claimant is reduced and it to this writer is unclear what happens to the deposit into the aggregate trust fund once the case is settled. Some believe the fund retains the deposit regardless.   In either event no one is pleased with this turn of events. More to come at a later date. As stated throughout this blog. These articles are to be considered for educational use not being case specific. All cases should be discussed with your attorney for more specific application to your case.

Si usted ha tenido un accidente de Compensación Obrera por favor llame al ABOGADO Eliot Levine and Associates. 631-234-5484

Si usted ha tenido un accidente de Compensación Obrera por favor llame al ABOGADO Eliot Levine and Associates. 631-234-5484 o e-mail: e.levine@redsail2.com , y en español contacte a Vanessa nuestra paralegal vanessa@eliotlevinelaw.com
Para Compensación Obrera y accidentes en el trabajo, todos los clients que hablan español son bienvenidos. Nuestra Interprete en español esta disponible los cinco días de la semana de 9am-5pm.
Translation-

If you have had a Workers Compensation injury please call (attorney) Eliot Levine and Associates 631-234-5484, e-mail: e.levine@redsail2.com, in Spanish please contact Vanessa our paralegal email: vanessa@eliotlevinelaw.com
For Workers compensation and on the job injuries, all Spanish speaking clients are welcome. Our Spanish interpreter is available five days a well 9-5pm.
We are Litigation attorneys handling New York State Workers’ Compensation and Social Security Disability Cases Since 1978. Workers’ Compensation, Accidents, Injuries, Retirement, Social Security Disability, ssi, ssd
Best Regards,
Eliot S. Levine & Associates
https://www.facebook.com/longislandworkers
http://www.LongIslandWorkers.com/
‪#‎workerscomp‬ ‪#‎nyworkerscomp‬ ‪#‎WorkersCompensation‬ ‪#‎nyWorkersCompensation‬ ‪#‎liWorkersCompensation‬ ‪#‎liworkerscomp‬ ‪#‎Attorneys‬ ‪#‎nyAttorneys‬ ‪#‎liAttorneys‬ ‪#‎liLawyers‬ ‪#‎Lawyers‬ ‪#‎ssi‬ ‪#‎ssd‬ ‪#‎eliotlevine‬ ‪#‎law‬ ‪#‎Redsail2‬ ‪#‎Hauppauge‬ ‪#‎HauppaugeAttorney‬ ‪#‎HauppaugeLawyer‬ ‪#‎HurtatWork‬ ‪#‎InjuryAttorneys‬ ‪#‎hablanespañol‬ ‪#‎español‬

National Article on how Workers’ are faring by each State??

Enclosed please find link to National Article on how Workers’ are faring by each State after recent changes in local Workers’ Compensation Laws.

http://www.propublica.org/article/the-demolition-of-workers-compensation

Eliot S. Levine & Associates
Attorneys at Law1455 Veterans Highway
Hauppauge, New York  11749
Telephone: (631) 234-5484
Fax: (631) 234-5561
Email: e.levine@redsail2.com
www.LongIslandWorkers.com
DISCLAIMER

Sunday afternoon

Listening to Spyro Gyro updating web page and settings. Monday will resume following up on settlements pending. Use "Needles" to coordinated all intakes and follow ups. Synchronized contact listings for all Section 32 agreements being followed independently and as part of contact management through and with "Needles". I recommend the program.  Filing and following up all accounts through internet both on site and off site connections. Entire office interconnected with intranet and internet access. Re-thinking Veterans' Disability claims.