slu award help

[holla85]

i have a ny state workers comp case for two injuries both my doctors and the ime's aggreeded with the percentage for a scheduled use of loss. how long does it take to hear about the award i do have a attorney

[1171]

no set time.
either party can contact the court and start the process.

[holla85]

(01-11-2012 06:29 PM)1171 Wrote:  no set time.
either party can contact the court and start the process.

wow you are good thanks for all the help

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(01-11-2012 07:00 PM)holla85 Wrote:  

(01-11-2012 06:29 PM)1171 Wrote:  no set time.
either party can contact the court and start the process.

wow you are good thanks for all the help

hey one more thing this process can be settled out of court? i know my attorney said he contacted the city lawyer to discuss the case . and he is waiting for a response. do you think this will happen. both doctors agree on my percentages what is really to dicuss or get a judge invovled. isnt that wasting tax payers money

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(01-11-2012 07:00 PM)holla85 Wrote:  

(01-11-2012 06:29 PM)1171 Wrote:  no set time.
either party can contact the court and start the process.

wow you are good thanks for all the help

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(01-11-2012 07:00 PM)holla85 Wrote:  

(01-11-2012 06:29 PM)1171 Wrote:  no set time.
either party can contact the court and start the process.

wow you are good thanks for all the help

hey one more thing this process can be settled out of court? i know my attorney said he contacted the city lawyer to discuss the case . and he is waiting for a response. do you think this will happen. both doctors agree on my percentages what is really to dicuss or get a judge invovled. isnt that wasting tax payers money

any help on this

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any help with this last comment

[1171]

not sure what you mean by "out of court"
court has to approve but hearing is not required

[holla85]

i meant the two attorneys working out a settlement agreement and passing it on to me for my approval.. this is what i feel my attorney is trying to do. my main question [/font] and cocern is can they settle for lower than what the workers comp chart calls for . i dont trust the system and remeber my percentages were agreeded on both ends

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one more time 1171. need your expertise !!!for the comment above

[1171]

yes, the parties can settle without a hearing.

[holla85]

im sorry to be a pain 1171 but the main thing i wanted to know is can they (the city attorney)recomend a lower amount. a lower amount than what the workers comp chart reflects. or will they do the right thing and give a award that is based off that formula provided by schedule loss of use. espicially when both the dr and the ime agree on the percentages of loss

[1171]

(01-11-2012 10:55 PM)holla85 Wrote:  im sorry to be a pain 1171 but the main thing i wanted to know is can they (the city attorney)recomend a lower amount. a lower amount than what the workers comp chart reflects. or will they do the right thing and give a award that is based off that formula provided by schedule loss of use. espicially when both the dr and the ime agree on the percentages of loss

yes, if they have the evidence to support a lower rating. film, medical, etc. if the only evidence are the rating reports then those are the ratings that will be approved by the court.
all benefit decisions have to be supported by evidence. without knowing if there is other evidence available I can't predict what will happen.
it's possible all the evidence has not yet been disclosed. that will be part of the negotiations and/or trial. if they haven't revealed other evidence yet then it's likely there isn't any. but that's not always the case and maybe they are trying to get other evidence.

I don't know you, and I don't know your employer, and I don't know the details of your case. they could have you followed and have video. they could be looking to replace you or have you file for disability retirement. they could want to downsize and eliminate your position. there are many employment situations where a work injury is used to accomplish other personnel actions.
if you read many posts on the board, you will see that some workers have been surprised at later turn of events. I can't predict smooth sailing for every case as some have been surprised.
many scenarios are possible so i don't want to guarentee your claim will result in a simple award and payment with no consequences.
I hope so but .....
Be well


you must be a bit new to the legal system and the law to not know about evidence; about how it's gotten and how it's used.

there can be many situations where the doctors have false/erroneous information.
if there is evidence of a prior undisclosed injury or documentation of you doing things you said you can't.

or there is new information that the injury didn't happen at work or other fraudulent activity involved in your case.