NY Section 32

[sonny1]

Hi everyone! Welcome to fall (if your in NYS) YUCK!! I went for a hearing the other day and it was decided that I am permanetly partially disabled @ 75%, as the IC IME stated. The IC had no objections, but they did raise some code 15 (8)(d) NYS comp and 15(8)(h)(2). I asked my attorney what that meant and he said that they had something to do with a pre-existing condition, and that now any negotiations for a section 32 would take longer because it goes through a "special funds" insurance. And that the IC gets re-imbursed for any and all monies paid out to me even if the pre-existing condition was a hang nail??? I don't understand all or any of it really.

Any info..in laymans terms would be great!!!

Thanks!

[1171]

New York has a couple of Special Funds.
The Special Fund for Reopened cases will assume the carrier’s role in a case, including full responsibility for payment. The Second Injury Fund will reimburse a carrier for payments made in compensation cases.

I suspect the one associated with your case is the subsequent injury fund.
the employer only has to pay for the results of their injury.
when there is a pre-existing condition that results greater injury/disability due to the pre-existing condition the comp carrier pays the full value but gets re-imbursement for the non-work injury portion so the employer is only charged with their costs.

[sonny1]

I see now, thanks 1171. My attorney talks so fast and half legal talk and half english by the time I leave I need a drink!!

[sonny1]

I see now, thanks 1171. My attorney talks so fast and half legal talk and half english by the time I leave I need a drink!!