Overlapping Issues

Very often similar facts patterns, which at first blush appear to be limited  to a single Workers' Compensation claim, may also be susceptible to legal interpretations which may lead to multidisciplinary issues that should be pursued in parallel areas of the law.  For example,  while an injury caused in and out of the work place might suggest a Workers' Compensation claim; if you are rendered unable to do any work in the national economy as a result of your injury and this keeps you out of work for a year or more, you  may also be able to successfully pursue a Federal Social Security Disability claim. An outside worker who gets injured in the course of his or her employment while driving in a vehicle may be able to file for No Fault Benefits in the form of increased personal income benefits. In some cases a negligence case may also be brought against the  responsible party with adjustments from successful awards for benefits provided.  Sometimes,  individuals with long term disability benefit contracts are permitted to obtain LTD benefits from the same injury and continue to receive Social Security Benefits with limitations and relationships between said benefits. Some individuals carry retirement agreements which permit continuing  benefits from other areas of the law and continuation of your Workers' Compensation Benefit. For a proper legal interpretation of your rights,  it is best to contact your legal representative and go over all possible implications associated with the fact pattern causing your injury and thereby permit a proper evaluation of your specific issues.

As stated throughout this blog, these blogs are only informational and / or educational and therefore do not create an attorney / client relationship. It  is therefore always suggested that you contact  your attorney for a full and meaningful discussion of your individual rights and responsibilities.  

New Years Eve Blog

Where do we go from here?  Over the past many months we have discussed Workers’ Compensation issues. We’re now ready for a full court press. This means in addition to filing your claim and pursuing same you should be following up with your representative’s office by making in person appointments to keep them informed of any changes in your treatment needs and wage reduction issues. Our attorneys and staff will file for hearings to try to convince the compensation system to enforce its rules and regulations. This has been an uphill battle. Insurance companies try to insulate themselves from active claimants. Keep records. See your health providers and make sure they file all necessary variance requests documenting why the treatment they desire is medically necessary and that treatments already made are beneficial. Ministerial calls to insurance companies regarding late payments and the like are ineffective for all. Congressional pressure for increased hearings and penalties for non compliance with the compensation requirements seems best. Stay connected to your case and representative. This will prove beneficial for all. Have a Happy New Year from the Law Offices of Eliot Levine and Associates. 

The changing perspective of Workers' Comp.

In the few years since the advent of Governor Spitzers' changes to the New York Workers' Compensation Law; the name of the game, is no longer get hurt and receive benefits for life. The ever present reality is that injured workers should receive medical benefits and lost wages to compensate for the injury and move on with their lives. This is no more evident then the desire on all sides of the issue to settle claims in the form of wisc settlements or global sec 32 agreements finishing off entire claims. Compensation was never intended to be a life long indemnity payment. Now, movement to claim value as soon as medically practicable or possible is the goal of all responsible parties.

As  stated throughout these blogs, assistance from a workers compensation representative permits more advantageous results from a system designed to respond more quickly to participants who know what is required. Proliferation of form requirements and short statutory time periods have become the rule.  Failure to meet same can doom a claim or produce an unfavorable result. Form has taken precedence over substance. In such a world,  you are best off with representation from an individual, practised in the field.

See associated disclaimer provided throughout this blog.

Forest for the trees, did we miss anything?

Along the way of this blog, I have been commenting upon fairly complex New York State Workers' Compensation issues and may have just missed a basic understanding. To pursue a Workers' Compensation case to a favorable result; requires that the incident happens or occurs as a result of the work experience. This means not that you discovered the condition while at work or that a condition prevents you from working, but that the specific condition must have occurred and developed out of the work environment and is a consequence of that event, in other words the condition must be related to and develop from the work experience itself. There are many fact situations that will permit connections over time but the connections themselves must exist before you can attempt to obtain causally related befits. You should ask yourself a basic question. Why should my employer be responsible for my treatment and lost time. Unrelated sick time or vacation time although paid by your employer pursuant to an agreement of sorts does not by itself require the Employer to be responsible under the WCL. If you can reasonable show the relation as a cause  not a temporal appearance at work; you should consider it compensation and seek representation to investigate and pursue you rights under the New York State Workers' Compensation Law.

As repetitively stated, these blogs are informational and limited in scope. A true attorney client contact should be made to better understand your rights in a specific incidence. Please see our disclaimer through these blogs.

Eliot Levine

Eliot Levine and Associates
1455 Veterans Highway
Hauppauge, NY 11749
631-234-5484
e.levine@redsail2.com
fas 631-234-5561

Hurricane Sandy update Friday 11/2/2012

As most of Long Island knows first hand, Hurricane Sandy has left long lines at the gas pump, loss of power and closing of many businesses. As a result, the Long Island Hearing Points for Workers' Compensation and the Social Security Office for Hearings and Appeals in Jericho, aka ODAR has been closed throughout the week of 10/29/2012. As a service to my present clients , I have attached a cell phone to my business account to receive office calls at 631-234-5484. Since our office fax and internet is not working, you can still reach us as stated and we will be picking up our internet off site where and when the internet is available. I for one have been out of my house since we have been without power since Monday the 29th of Oct. Our office is open and active for walk in and appointments. Please continue to seek medical care from your health providers. We will follow up with them as time and electronics permit. We wish to offer everyone our continued concern and will assist where and when able. This might be a good time to read our blog in its entirety for general information. If you need assistance please contact us as stated.

Hurricane Sandy

As most of you realize, Hurricane Sandy hit New York and New Jersey Monday Oct 29th. 2012.  What is more remarkable is that the Workers' Compensation Board closed its downstate Hearing Points for both Monday and Tuesday. In years past, Governors were resistant to such closures and injured workers and all persons connected to the system were left to wonder what they should do about scheduled hearings.

Governor Cuomo , helped all concerned by acting appropriately and was out in front of the storm. Rest assured, cancelled hearing will receive prompt rescheduling and notices will be forthcoming. All clients should continue to attend treatment and keep contact with their doctors and health providers when safe to do so. Compliance with board regulations and recent interpretations of the Workers' Compensation Law will require vigilance in protection of your rights. When safe, contact your doctors, continue to make your work searches and keep your attorney or legal representative in the loop

Resolution of your Workers’ Compensation Case

At the present time, the resolution of a New York State Workers’ Compensation case usually means either settlement by way of a Workers’ Compensation Section 32 Settlement or Walk in Stipulation Calendar action, (WISC). This means, to the everyday worker, after all the dust settles and you no longer require continued immediate care you can consider settlement options. If the settlement is to be a full and final resolution of your rights you would use the Section 32 avenue. In some instances continued medical care can be negotiated with some accommodation by way of a reduction in the indemnity benefit for the settlement. In some cases, annuities can be used or grafted to the settlement which can be adjusted to the indemnity portion of the case. This requires detailed negotiations and review of any Medicare conflicts and rights. The time table for such a resolution as stated by the agency presently reviewing Medicare’s rights for CMS approval and Medicare’s protection is now more than 270 calendar days post settlement negotiations for old cases and approximately 90 days or less for recent settlements. A short partial resolution of your case can also be accomplished by a WISC settlement upon agreement of the parties and formalization by the law judge on your case. This process usually takes two weeks from date the agreement is signed to a hearing date and another two weeks post hearing,  for publishing and payment of the award. Settlements while in theory can be on any aspect of the Workers’ Compensation case, they are usually not used until immediate care has ended. As stated earlier in prior blog  postings, this blog is to be considered for educational and informative purposes only. See my disclaimer throughout these blogs for proper use of an attorney for your personal case.