Legal Question in Workers Comp in New York

CArrier's Request For Further Action Form

I injured my shoulder at work 3/04. After months of therapy, I ended up having surgery 12/04. The insurance company had been paying right along, no problems. Today I received a copy of the ''Carrier's Request For Further Action'', I assume this is to finally tie things up with a hearing. Two things checked were under ''Reason For Request-Carrier/Self Insurer:'': ''requests a resolution regarding schedule loss of use or facial disfiguration'', and: ''other''- with the following typed in: ''the attending found 15% loss of the arm. The carrier will not challenge this.'' Never having been through anything like this I have no idea what this means. Any explanation would be appreciated. Thank you!


Asked on 2/27/06, 3:58 pm

1 Answer from Attorneys
Thomas Reilly Learned, Reilly & Learned

Re: CArrier's Request For Further Action Form

Your doctor apparently says you have scheduled loss of use of arm of 15% and assuming case is in NY, then that is equal to 46.8 weeks times your total rate. If you are still getting comp payments that exceed that amount you will get no extra money and will be cut off comp.

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Answered on 2/28/06, 9:50 am


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