New York State occupational lung disease

[weldonSC]

good morning
My case is going on 3 years since the occupational lung disease was established 8-15-2008. The company and IC did not dispute the medical part of the claim. They disputed whether I was eligible for benefits as I had taken a buyout when the plant was closing. All of those issues were settled when the workers comp review board unanimously ruled that I had involuntarily retired, due to my disability, and therefore am entitled to compensation. The ruling was filed 5-11-2011 and said that a hearing would be scheduled to determine awards. My lawyer says that this ruling is very good, and it is doubtful if they will appeal it. My doctor just moved my % to 100%. I have never received any money from the IC to this point. Just wondering if anyone has any idea how long it will be before I actually see any of this money. My lawyer says they owe me that back benefits of almost 3 years, but didn't say when I might expect this. I need to ask him this. This has been a long and aggravating process. Meanwhile I have gone on SSDI and am on medicare. Anyone have any thoughts?

[1171]

sounds like you need to file for a hearing date or work up award papers for the court to approve.
your atty is the best one to discuss the schedule for doing this.

[weldonSC]

thanks
I didn't realize that we would have to file for a hearing date. Will call my lawyer monday morning to find out where the process is at.
thanks again

[1171]

as you posted the court only ruled on whether your injury & disease met the requirements for compensibility under NY state law. they did not rule on what benefits were due. that would have to be a separate award.
you need to work on getting those awards.

[weldonSC]

My attorney says that we should have the date of the hearing soon. Then I will get my back pay and WC checks going forward. I am sure that at some point the IC will have me jumping through some more hoops. It is a good thing for my case (and a bad thing for me) that I can't breath well. The last IME they sent me too wouldn't give an opinion on disability without more tests. IC never had more tests done. Although my drs. had more tests and IC didn't like what they saw. So hopefully in the near future the IC will decide to settle.

[weldonSC]

My lungs have gotten worse. My dr. recently moved me to 100% disabled. Hard to do much, but try to do what I can to stay busy. Have other health issues also. Don't think those would seem so bad if I could breathe better. Have always had trouble with anxiety, and this hasn't really helped that much. The adjustment from working to not working is incredibly hard. I still look for jobs, but there is nothing out there that I can do. VESID ( a nys program for retraining workers) said that at my age now (58) and heath that retraining is not really a feasible option. Would just like to get my compensation money so that life could be a bit better for us. Luckily my wife and I both are on SSDI (she has MS), and both have a pension, so money wise we have gotten by, but no where near like when we were both working.

[weldonSC]

Just an update. Got a notice on July 1 that my date for a hearing is being set. Now it is July 13, no date as of yet. The waiting is the worst part at this time. I just want the hearing, start getting my comp wages, and devote my thoughts and energy to more worthwhile things. The stress of waiting is starting to weigh on me more all the time. Maybe something good will come in the mail today!!!

[1171]

is there some reason you can't start now putting your thoughts and energy into building a better future?
there is little change you can effect on your comp outcome; it's in the hands of others.
the sooner you start the easier it'll be.

[weldonSC]

I stay busy as I can. Our house is on the market, we will be moving to the Atlanta area in August to be near our oldest son and his family. Our daughter teaches in Las Vegas and we will be visiting her this fall. However with the other health issues I have and my wife's MS we will mostly be taking it easy and doing things slowly and over time.

[1171]

good for you.
litigation has it's own timetable and they are much, much slower then ours.
I suspect there will be many more delays before your case is completed.