Legal Question in Workers Comp in New York

Extent of causally related disability.

I suffered a back injury on the job in 1999 filed a claim and went back to work. I reeopened my claim in 2006 and have been receiving benefits since April. In July 2007 I was in an unrelated MVA and fractured my right heel. No where did I claim an injury to my back because of this. I was actually put on permanent disability from my job because of my back injury prior to the MVA and have been seeing the same DR. for 5 years. My question is this. After the MVA I was put in a cast and my Dr. stated in his report that I was straining my back due to crutch walking. Workers Comp is now trying to say that my injury has worsened because of the car accident. I have a hearing in 2 weeks and have to go for an IME . My Dr. also prescribed PT 3 x's a week. I had been approved for it approx 1 year ago by the comp judge, but did'nt use it because I wound up in the hospital for an unrelated illness. I requested it now and it seems as though they are trying to use that against me as well. Any advice?


Asked on 11/22/07, 7:37 pm

1 Answer from Attorneys
Jason Kessler The Law Offices of Jason B. Kessler

Re: Extent of causally related disability.

The IME will be used to determine whether your current back injury is causally related to your comp injury. I bet, the IME physician finds that the injury is related to the MVA. Thereafter, the carrier will raise unrelated wage loss and it will be your burden to try to prove that your current back problems aggravated your prior injury and not caused by your recent MVA. If you are located in Rockland County, Westchester County or the City, please email me at [email protected] and we can discuss this further. If you are not located in those areas, I suggest that you try to find a competent local comp attorney to represent you.

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Answered on 11/23/07, 12:42 pm


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