Legal Question in Workers Comp in New York
ime
can my carrier only make partail payment just because i have and ime coming up in the future. from a total rate?
2 Answers from Attorneys
Re: ime
The answer is probably yes, they can reduce you down to the partial rate based on their doctor's report if they are not under a current order by the Board to pay you at a total rate. This is not the end of the issue however. The reduction is without prejudice so if it turns out their doctor was wrong and yours is right, they would owe you the money they withheld. The big question in these situations is always whether your doctor does indeed feel you are more disabled than their's. It is important to see him right away to see if he disagrees with the IME. If he does, you need to file for a hearing right away.
Re: ime
I suspect that the reason why the carrier is paying you at a partial rate is because one of your physician's found a partial disability. There has to be more to this situation. If you would like to repost your message on lawguru with more details perhaps, you could get a more direct answer.