Legal Question in Workers Comp in New York

Re: Torn long head of Bicep tendon

Assuming it happened while you were working, if it is a total loss of use , they will give you the amount equal to a total loss on the schedule.

Everything is scheduled in Comp.

Re: Torn long head of Bicep tendon

Schedule loss of use is most often determined by range of motion. The medical guidelines require the doctor to test flexion, extension and internal/external ranges of motion. That is easily evaluated with a rotator cuff tear. Biceps tears can be a little trickier because the tear would probably be an additional loss of range of motion further down the arm...mainly at the elbow. Hopefully your doctor includes this in the loss evaluation. At any rate, the law requires this evaluation to be done a year after the surgery. So you may have some hearings from time to time before then. If your loss exceeds 50%, there is a section of the law that provides for additional compensation on top of what is awarded for the "schedule" loss of use.

Re: Torn long head of Bicep tendon

You are entitled to a higher Schedule Loss of Use. However, the amount of impairment will have to be determined by your treating physician using the WCB Medical Guidelines. Only a doctor can tell you what your impairment percentage is. After your doctor gives you a schedule loss of use the insurance company will have you examined. If these two doctors disagree you will have to cross examine the insurance company's doctor.

If I were you I would retain a workers compensation attorney. Having an attorney present at your hearings makes all the difference in the world regarding the amount of $ your claim is eventually worth.

I hope I answered your question.