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HELP! Workers Comp hearing question? I’m at MMI and my hearing is tomorrow.?

Question by kitkat: HELP! Workers Comp hearing question? I’m at MMI and my hearing is tomorrow.?
I just spoke with my lawyer. My hearing is tomorrow and both the IME doctor and my doctor are saying two different things.

The IME doctor says that I am a Scheduled Loss of Use and my doctor is saying that I am a permanent partial classification.

The lawyer said that tomorrow they will stop my payments and have to do an “over the phone” deposition of both doctors to come to a conclusion.

He also said that “classification” is usually a back injury and so he doubts that the judge will rule in favor of the classification which will end up with me having no money whatsoever after they deduct what I was already given.

SO THESE ARE MY QUESTIONS:

How can my doctor put me at a permanent partial classification if this is not usually given for arms, and how can I fight to get it???

I want compensation for all the money I haven’t been able to recieve at my former job due to this injury.

Will my lawyer fight for me??? Is there something else I can do to help my case???
My injury is both arms bi lateral epicondylitis, both operated on. Both still have symptoms.
I am a permanent partial disability.
New York State

Best answer:

Answer by kitkat
Work Comp laws change depending on state so without state nobody can give you specifics on what your entitled to besides your doctor. So im just going to clarify a few items for you. You need to work with your attorney and doctor and have him address the specifics for your injury and state. Ok first of all an IME doctor is always going to minimize your injuries. He works for the insurance company. Second the “classification” your doctor gave you is not necissarily wrong simply because it is usually reserved for back injuries. In most states your temporary partial or temporary total disability payments will stop as soon as you reach max medical improvement OR 52 weeks. Once you reach max medical improvement you can still be entitled to benefits in some cases. Such as a job counselor helping you actively look for work, retraining periods, or restrictions your current employer can NOT work around but has not made a decision on wether or not to retain you as an employee. These are not temporary disability payments so do not fall under the same criteria or heading and you may wish to talk to your attorney about it. Your lawyer should be fighting for you. However he is not a mind reader and will have to bring concerns up to him before he can help you. You are more than likely not his only case so be persistant. If there are things you can do to help your case he will advice you. Unfortunately work comp cases take a long time to settle in most cases and the insurance companies for work comp are known to be jerks. Its an uphill battle both ways and most laws favor the insurance company versus the injured party. Good luck on your case.

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