New York State occupational lung disease - Printable Version
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RE: New York State occupational lung disease - weldonSC - 07-17-2011 09:23 AM
My counselor said the same thing. Pointed out that it has been over 3 years, and within a month I should have my hearing. Still impatient though, but getting a handle on it.
With plans for going to GA getting more concrete it makes all of that easier too. Our daughter is coming home from Vegas to ride to GA with us to help with dog and cats. If for some reason the hearing isn't held by then I can stay here and wait, unless it is later in the fall, then I can always fly back for it.
RE: New York State occupational lung disease - weldonSC - 07-20-2011 06:12 PM
My hearing is going to be Aug 2nd. At least with a date on it I can relax a little. I was going through my folder today of all the things I've gotten concerning my nys wc case. It is amazing looking back through everything at just how much the IC really does not want to pay. I was surprised at how many things were appealed and haggled over. You forget a lot of the things that happen in a case over the course of 3 years. If there is any advice I would give someone just starting with a case....get a lawyer, and ask questions!!!! Make sure you are aware of what is going on, if you are lost at any point, contact your lawyer!!!! I can't say enough good things about the lawyer who handled my case. At times it was frustrating, and at times I realize now I should have asked a few more questions to be really clear on exactly what was happening. My case is far from over, although I think that soon my attorney is going to start working on a S32 settlement. My dr. just moved me to 100% disabled, probably there will be some IME visits, some more hearings about % of disability before S32 can be really discussed in detail. Meanwhile I should start receiving compensation in early September. Will take a few days for the paperwork to get filed after the aug 2 hearing, then it will take time for the IC to issue checks.
Sorry for getting long winded, but it feels good to at least think I am going to come out alright. Just gotta hope something unexpected doesn't happen.
RE: New York State occupational lung disease - weldonSC - 08-07-2011 01:30 PM
Well, I won't be getting compensation starting in September. The insurance company wants to take testimony from the drs. and fight the % of disability. They won't even agree to the 67% that it has been for the last 3 years. Lawyer says they are steamed about losing on appeal. Just seems wrong to me that they never said anything about % of disability for 3 years, now they want to question it. Just a delaying tactic to keep money out of an IW hands. The judge gave them until 9/25/2011 to depose the drs. Then another couple of months for another hearing, then who knows what. The whole system is really rigged against IW's. At least I know that the 2 drs. I see are both convinced that my lung problems stem from exposure to the talc dust, even though the IME (who I saw for 5 minutes a year and a half ago) doesn't think it does. Where does he think I got the damages to my lungs? Why does he think I can't do even the littlest of tasks without getting completely winded? I guess I just have to be patient a while longer and let the system have its course.