Legal Question in Workers Comp in New York

I have torned an ligament from my rotarty cuff and lost 40% of my movement range. I am 61 yrs old and plan not to return to work due this injury. My employers agree and is waiting for my retirement. I am in the process of litigation and wonder if I should wait for the results.


Asked on 5/24/10, 7:35 am

1 Answer from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

You should do whatever your doctor believes is best for you. If he believes that you are unable to return to work then do not return to work. If he believes that you can go back to work go back to work. Whatever determination your doctor makes will have a big impact on whether you obtain a Schedule loss of use, Section 32 settlement or a permanent disability. Perhaps, one day the carrier will cut off your benefits? No one can predict the future.

You should immediately seek competent legal counsel. Your issues are more complicated than you realize.

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Answered on 5/25/10, 5:02 pm


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