Most Workers’ Compensation claimants are unaware once they resolve their cases on a Wisc hearing, they may be able to reopen their cases if their medical condition has changed for the worse. A “changed condition” means your doctor must agree the reason for the treatment is still related to the original claim but, now the degree of disability has become worse requiring new, not maintenance care. Please contact your doctor should you believe this applies to your case. As always, these writings are for educational purposes and are not to be considered legal advise. You should always contact an attorney for specific advise where a retained representative can evaluate your specific circumstances. Each case is different and can best be evaluated by direct interview with your legal representative.
Best Regards,
Eliot S. Levine & Associates
1455 Veterans Highway
Islandia, New York 11749
Telephone: (631) 234-5484
https://www.facebook.com/longislandworkers
http://www.LongIslandWorkers.com
As always , this is one man’s opinion and merely submitted for discussion bases. All individual issues should be discussed with your representative for more complete advice.
Best Regards,
Eliot S. Levine & Associates
Attorneys at Law1455 Veterans Highway
Islandia, New York 11749
Telephone: (631) 234-5484
Fax: (631) 234-5561
Email: ContactUs@LongIslandWorkers.com
www.LongIslandWorkers.com
DISCLAIMER
#workerscomp #nyworkerscomp #WorkersCompensation #nyWorkersCompensation #liWorkersCompensation #liworkerscomp #Attorneys #nyAttorneys #liAttorneys #liLawyers #Lawyers #ssi #ssd #eliotlevine #law #Redsail2 #Hauppauge #HauppaugeAttorney #HauppaugeLawyer #HurtatWork #InjuryAttorneys #hablanespañol #español
Workers’ Compensation claimants are now beginning to appreciate the effect of “caps” in Workers Compensation cases. In March of 2007 cases for claimants who suffered accidents or on the job injuries and who became classified as permanent partial disability cases with initial dates of injuries on or after that date began to have their benefits limited in duration from the date of classification. What this means is that the apparent right to receive continuing indemnity benefits could be stopped once a cap was instituted as directed by the changes in the Workers’ Compensation Law. A schedule of continuing monetary benefits is posted for the degree of an individuals loss of earning capacity. It appears that this duration for most classes of permanent claims is around 5 to 6 years. The effect of the caps is that once effectively established as a classified case with a finding of loss of earning capacity, you can only receive with limited exceptions monetary benefits up to the duration of the cap. Therefore the value of your monetary benefit outside of continuing medical rights, ends, at the expiration of the capped time period. If your cap is for 5 years you can only receive another 5 years of indemnity benefits post the date of classification. For years claimants attorneys for different reasons have avoided classification and hence held off the institution of a cap. The claimants’ attorney held off to permit continuing benefits to the claimant and the carriers could put off having to place large reserves and payments to specific funding aggregates. also known as the aggregate trust fund. Now the agency has begun to set cases for classification and findings for loss of earning capacity regardless of either the claimant or the the carrier requesting same. What this has done is to place the administration directly in charge of curtailing benefits for most claimants and requiring the institution of deposits by certain insurance providers into this aggregate trust fund. An additional effect has been a reduction in the settlement value of a case to claimants with capped cases. For example if you have a capped case of 5 years the insurance carrier only has to continue paying indemnity benefits for an additional five years so their interest in settling a case becomes a factor of the five years. Some insurance companies are using a factor of 60% of the cap . Five year cap value at 60%, which would generate three more years of benefits as the settlement rate as a function of the weekly indemnity rate. If the payout was five years at $400 or $104,000, now the offer becomes $62,400. Some claimants when faced with such offers opt to continue running out the cap till nothing remains. Other grasp for the reduced indemnity benefit in one payment rather than weekly payments under the length of the cap. The real incentive to the claimant is reduced and it to this writer is unclear what happens to the deposit into the aggregate trust fund once the case is settled. Some believe the fund retains the deposit regardless. In either event no one is pleased with this turn of events. More to come at a later date. As stated throughout this blog. These articles are to be considered for educational use not being case specific. All cases should be discussed with your attorney for more specific application to your case.
Best Regards,
Eliot S. Levine & Associates
https://www.facebook.com/longislandworkers
http://www.LongIslandWorkers.com/
#workerscomp #nyworkerscomp #WorkersCompensation #nyWorkersCompensation #liWorkersCompensation #liworkerscomp #Attorneys #nyAttorneys #liAttorneys #liLawyers #Lawyers #ssi #ssd #eliotlevine #law #Redsail2 #Hauppauge #HauppaugeAttorney #HauppaugeLawyer #HurtatWork #InjuryAttorneys #hablanespañol #español
Si usted ha tenido un accidente de Compensación Obrera por favor llame al ABOGADO Eliot Levine and Associates. 631-234-5484 o e-mail: e.levine@redsail2.com , y en español contacte a Vanessa nuestra paralegal vanessa@eliotlevinelaw.com
Para Compensación Obrera y accidentes en el trabajo, todos los clients que hablan español son bienvenidos. Nuestra Interprete en español esta disponible los cinco días de la semana de 9am-5pm.
Translation-
If you have had a Workers Compensation injury please call (attorney) Eliot Levine and Associates 631-234-5484, e-mail: e.levine@redsail2.com, in Spanish please contact Vanessa our paralegal email: vanessa@eliotlevinelaw.com
For Workers compensation and on the job injuries, all Spanish speaking clients are welcome. Our Spanish interpreter is available five days a well 9-5pm.
We are Litigation attorneys handling New York State Workers’ Compensation and Social Security Disability Cases Since 1978. Workers’ Compensation, Accidents, Injuries, Retirement, Social Security Disability, ssi, ssd
Best Regards,
Eliot S. Levine & Associates
https://www.facebook.com/longislandworkers
http://www.LongIslandWorkers.com/
#workerscomp #nyworkerscomp #WorkersCompensation #nyWorkersCompensation #liWorkersCompensation #liworkerscomp #Attorneys #nyAttorneys #liAttorneys #liLawyers #Lawyers #ssi #ssd #eliotlevine #law #Redsail2 #Hauppauge #HauppaugeAttorney #HauppaugeLawyer #HurtatWork #InjuryAttorneys #hablanespañol #español
Enclosed please find link to National Article on how Workers’ are faring by each State after recent changes in local Workers’ Compensation Laws.
http://www.propublica.org/article/the-demolition-of-workers-compensation
Eliot S. Levine & Associates
Attorneys at Law1455 Veterans Highway
Hauppauge, New York 11749
Telephone: (631) 234-5484
Fax: (631) 234-5561
Email: e.levine@redsail2.com
www.LongIslandWorkers.com
DISCLAIMER
Listening to Spyro Gyro updating web page and settings. Monday will resume following up on settlements pending. Use “Needles” to coordinated all intakes and follow ups. Synchronized contact listings for all Section 32 agreements being followed independently and as part of contact management through and with “Needles”. I recommend the program. Filing and following up all accounts through internet both on site and off site connections. Entire office interconnected with intranet and internet access. Re-thinking Veterans’ Disability claims.
Eliot S. Levine & Associates
Attorneys at Law1455 Veterans Highway
Hauppauge, New York 11749
Telephone: (631) 234-5484
Fax: (631) 234-5561
Email: e.levine@redsail2.com
www.LongIslandWorkers.com
DISCLAIMER
As we have discussed throughout our blog; payment of the agreement is subject to various delays and legal formalities. The quickest way to modify your benefits has become the WISC settlement. These formal written agreements must be approved by a Law Judge before the carrier can be compelled to make appropriate payments pursuant to the agreements.The normal time, post signing of the written WISC agreement for a hearing, is less then three weeks after all parties to the agreement have signed same. The procedure starts with a request for a hearing by one of the parties and has been running within two weeks of the request with payment following the written publication of the agreement by the Workers’ Compensation Board. The publication of the approved agreement usually takes a week to ten days post hearing.
A more detailed settlement is usually done by way of a Section 32 Agreement. This procedure has many delays to wit: formal writing of the agreement and the signing of same by all the parties. Occasionally when individual beneficiaries are on Medicare or Medicare eligible a formal application and review has to be conducted by vendors for the Insurance Company and then reviewed by the CMS unit responsible for Medicare cases. This has now been taking approximately 4 weeks for the Vendors review and and additional 4-6 weeks for CMS approval when no glitches develop. Once the CMS approval document is issued by CMS then hearings are generally set by the compensation board and held within 5-7 weeks post filing. Once the Judge approves the agreement at a hearing a decision is published within 2-3 weeks and payment is made by the carrier within 10 days of the published decision date.
As stated throughout our blogs, these blogs are both written for educational and informational purposes and not formal legal discussion of your specific case. Individual delays sometimes occur depending on the specifics of the instant claim. It is always best to contact your attorney for full and formal discussion of your claim and benefits associated with same.
Eliot S. Levine & Associates
Attorneys at Law1455 Veterans Highway
Hauppauge, New York 11749
Telephone: (631) 234-5484
Fax: (631) 234-5561
Email: e.levine@redsail2.com
www.LongIslandWorkers.com
DISCLAIMER
The firm continues to be a ground level litigation firm handling court appearances and trial work from start to finish. The reality is that Workers’ Compensation has devolved into settlement negotiations or long fought litigation. We try to negotiate good results without jeopardizing our clients benefits. We believe the assistance of veteran trial attorneys will help in this new era of Compensation and Civil Litigation.
Eliot S. Levine & Associates
Attorneys at Law
1455 Veterans Highway
Hauppauge, New York 11749
Telephone: (631) 234-5484
Fax: (631) 234-5561
Email: e.levine@redsail2.com
www.LongIslandWorkers.com
DISCLAIMER
Over the last many years we have been working with individual attorneys assisting us with complex Negligence cases. We are now reviewing additional routes for handling lighter cases with visiting attorneys.We’ll let you know how this develops. I am investigating my options?
Eliot S. Levine & Associates
Attorneys at Law
1455 Veterans Highway
Hauppauge, New York 11749
Telephone: (631) 234-5484
Fax: (631) 234-5561
Email: e.levine@redsail2.com
www.LongIslandWorkers.com
DISCLAIMER
We are in the beginning sages of opening a new section of the practice to cover disabled veterans who are denied Veterans Disability Benefits. I am presently reading up on the appeals process and will begin to canvas for additional support staff to interface with the Northport VA and to do supplemental tasks in the office rounding out the provision of disability representation for my clients before the associated agencies. We will now provide legal assistance in the fields of New York State Workers’ Compensation Law, Federal Social Security Disability Law, Negligence and Veterans Disability. We will continue to work in various associations paralleling legal services with affiliated legal providers.
Eliot S. Levine & Associates
Attorneys at Law1455 Veterans Highway
Hauppauge, New York 11749
Telephone: (631) 234-5484
Fax: (631) 234-5561
Email: e.levine@redsail2.com
www.LongIslandWorkers.com
DISCLAIMER