Threaded Mode | Linear Mode

palmtreesandparakeets · 06-23-2008, 06:36 PM

i got my fce results back and i'm pretty satisfied with the outcome. it said "at this time i demonstrated the ability to perform light and up to 35lbs of medium physical demand level work, which would address the postural limitation identified within this FCE form" and here's my doctor's report:

Light-Moderate Duty(Moderate-Mild) Lifting restrictions:10-35lbs. This may include frequent lifting and/or carrying of objects weighing up to 25lbs. Occasional lifting of up to 35lbs. A job in this category may involve minimal lifting,however it may require significant standing or walking. A sitting job may require pushing and pulling or leg controls. No prolonged standing,walking,bending,reaching,or sitting.

We will review palmtree again if needed should these symptoms change or worsen. He has a mild to moderate disability according to New York State guidelines as result of the injury dated 6/13/07 based upon the determination of the most recent FCE. He has been in contact with VESID for vocational rehabilitation. He is not currently working at this time.

So thats that. he told me that i was as good as i'm going to get and don't go to physical therapy anymore and the only time i need to go to doctor is if i'm hurting. my only question is NY only has 4 types of disability for back injuries. Mild(25%) Moderate(50%) Marked(75%) and Total(100%). now if i'm between mild/marked (25-50%) how does that work?? don't they have to have a specific number to go by far as % because don't different % change monetary amount. one last thing where do i go from here. i got my pir rating. i been put at mmi. my doctor told me to sign up for vocational training. that i do know. i just wanted advice from non-medical standpoint.

lfoster21 · 06-23-2008, 11:56 PM

How was the FCE testing...was it too dificult at any point and did they have to stop you or did you have to stop anything yourself?

I am happy it is over for you and your Voc. Rehab. will be your next thing to do. Don't worry, they will be calling you soon, I would bet Smile

.

palmtreesandparakeets · 06-24-2008, 07:50 PM

no it wasn't hard at all. he stopped me at a certain amount of weight. he didn't wait until i was hurting or showing signs of fatigue. it's like he wanted me to do a specific amount and once i did that he was content.

sparkey · 06-24-2008, 08:27 PM

I am not sure, but do they settle before you go to voc. rehab if needed? I thought you had to go through rehab first before any settlement?

If someone knows, I would be curious in knowing how this works myself. It is confusing. I thought you had to either be considered disabled, or back to some sort of work before a settlement is considered. This has me stumped because I thought I read that somewhere. I am sure someone will come along with a answer.

lfoster21 · 06-24-2008, 11:58 PM

I know in VA you usually go to VR first. However, your lawyer can request a settlement, prior to VR. My lawyer has requested one for me and I am not at VR yet. I do suspect that prior to a decision, they will want me to start with it, though.

palmtreesandparakeets · 06-25-2008, 08:50 AM

well my court date is on the 18th of next month so i might as well wait until then. my only concern is i don't think the judge is gonna make a decision then because all but one of my treating doctors has giving testimony and he scheduled to testify that day and i don't see the judge hearing his testimony and making a decision all in the same day. on the other hand he might because every doctor that has seen me is saying that i do have a injury including the ic doctor and ime doctor. the only discrepancy is they all don't agree with the thoracic injury, but all of them say i do have lumbar injury. so i was hoping that at the very least i can get awarded my back pay from 1/08 until court date.

sparkey · 06-25-2008, 12:10 PM

They owe you back pay for what? They have not been paying you for your injury while you are out of work? Are they paying your medical? Medications?

palmtreesandparakeets · 06-25-2008, 12:21 PM

the reason i was saying they owe me back is because i got hurt 6/13/07 they paid me ttd up until 9/07 that's when i had my first fce. then it went to tpd from 9/07 until 1/08 when i had my ime on the behest of the ic. the ime said nothing was wrong with me so ic stopped my wc checks in 1/08. i haven't received a check since then. my last court date back in 4/08 the wc judge accepted my injuries and my lawyer then asked for back pay from 1/08. ic then argued that ime said i was fine so judge ordered testimony from every doctor that's ever seen me since injury. all but one doctor has given testimony(my doctor is gonna give his in person when i go to court 7/18/08) every last one of the doctors has said i have an injury including the ime doctor who just back in 1/08 said i was fine. the only thing is all of them don't agree that i hurt my thoracic the same time as lumbar. so i figure worse case scenario is i just get lumbar injury. so i'm guessing at the very least i should get my pay i missed from 1/08-7/18/08. i been given a rating and i been put at mmi. what you think????

palmtreesandparakeets · 06-26-2008, 07:22 PM

i was wondering since i've gotten my pir rating and put at mmi how does the wc in ny determine your rating and payment amount. i hear everyone on here talking about specific numbers as far as ratings but new york only has four ratings of disability 25%-50%-75%-100%. my doctor and the fce report put me between 25-50 so how does that work. thats a lot of leeway. i'm pretty sure my lawyer would want the 50 and the ic the 25 if not lower so how does that work also wants that gets determined how much is that and for how long.