NYS workmans compensation board...an absurdity
Hello world.....
Hope everyones Christmas celebration was a joyful one, to those who didn't have a good Christmas you have my empathy.
Now to get on subject.....what I am going to RANT about is a true story, as I know it. It concerns someone very close to me. No names will be fourth coming, as such a disclosure could result in punitive actions by NYS workmans compensation board, this coming from a lawyer that was supposed to be representing the person involved. So let me lay the situation out.....
A woman is working at her job....a good employee, never calls in sick, never stiffs her boss, always reports for work on time, does her job. She injures her elboe in a fall while working. It becomes difficult for her to work, the injury doesn't appear to be healing, but getting worse. She files a claim with NYS workmans comp. They go through the regular motions of hearings, she gets scheduled to see a doctor. More than one surgery occurs. NYS workmans comp. calls for a review of her injury by another surgeon. He says more surgery won't repair the damage already done.......DAMAGE!!!??? damage that occured with the original injury, or was damage caused by the surgeries? Guess what......the compensation doctors don't know.... or won't say.
They do however state that she has a PERMANENT disability....this is written down and documented by the compensation board and discussed openly at the hearings.
At her last hearing however, the administrative compensation law JUDGE concludes that she has already exhausted the benefits available to her for the extent of her injury....at this hearing there is no langauge that even goes near or mentions a permanent disability, the JUDGE cancels all benefits, stating that she has already exhausted the time limit on an extremity injury and she is lucky to not have to pay NYS compensation back for benefits she already received that extended past the time limit for her injury.
The woman tried to protest, but was admonished by the compensation lawyer representing her, stating that if there ever was a settlement, her actions could jepordize the outcome of such a settlement.
This is how it happened folks, there is no deviating from the story here. This woman has a permanent disability here. Her quality of life has been extremely diminished....and not by her own doing. NYS compensation sorely dropped the ball her concerning her case. The lawyer that was supposed to be looking out for her was obviously looking to dispose of the case quickly and easily and collect his fees for his law firm or he was obviously "in bed" with NYS compensation so as to dissolve any responsibility in the case.
As it is, she is not looking for any monetary reward, she just wants an even chance at a job where she can pay her bills and support her family as she has been accustomed to in the past.
Watching her go through this and being a fair witness as to how the so called system has treated her.....I would call it totally lacking of responsibility. This woman like I mentioned before, she wasn't in search of more monetary assistance....NYS compensation just drastically cut her benefits, no further assistance....now I know it's not their job to find her a job, nor is it their problem that she can't find a job or return to the one she left because of her injury. Although it's this mans opinion that there should be set aside so sort of aide for people facing this type of delema.....as of now she is working...working very hard at two jobs, attempting to support her family and pay her current bills which she has fallen behind on.....I know...I know this sounds like a sob story. My point is that all she is looking for is a little help so she can find a good job that she can remain a productive member of society.....as she was before her injury at her job. The purpose of NYS compensation was to protect workers injured on the job until they can return to work and again be productive. In this case the theory and purpose of NYWS compensation was thrown out the window. The case certainly was not evaluated on it's merit, nor was it looked at objectionably.
I guess things really don't appear to be what they are supposed to be at all....especially in New York State.....such a shame....because you could live in a worse place......
Hats off to New York State workmans compensation......they really don't have compassion or concern for the people who make New York State a great place to live.....nice job guys....I hope some day you choke on it.......
L8TR
Chris
Hope everyones Christmas celebration was a joyful one, to those who didn't have a good Christmas you have my empathy.
Now to get on subject.....what I am going to RANT about is a true story, as I know it. It concerns someone very close to me. No names will be fourth coming, as such a disclosure could result in punitive actions by NYS workmans compensation board, this coming from a lawyer that was supposed to be representing the person involved. So let me lay the situation out.....
A woman is working at her job....a good employee, never calls in sick, never stiffs her boss, always reports for work on time, does her job. She injures her elboe in a fall while working. It becomes difficult for her to work, the injury doesn't appear to be healing, but getting worse. She files a claim with NYS workmans comp. They go through the regular motions of hearings, she gets scheduled to see a doctor. More than one surgery occurs. NYS workmans comp. calls for a review of her injury by another surgeon. He says more surgery won't repair the damage already done.......DAMAGE!!!??? damage that occured with the original injury, or was damage caused by the surgeries? Guess what......the compensation doctors don't know.... or won't say.
They do however state that she has a PERMANENT disability....this is written down and documented by the compensation board and discussed openly at the hearings.
At her last hearing however, the administrative compensation law JUDGE concludes that she has already exhausted the benefits available to her for the extent of her injury....at this hearing there is no langauge that even goes near or mentions a permanent disability, the JUDGE cancels all benefits, stating that she has already exhausted the time limit on an extremity injury and she is lucky to not have to pay NYS compensation back for benefits she already received that extended past the time limit for her injury.
The woman tried to protest, but was admonished by the compensation lawyer representing her, stating that if there ever was a settlement, her actions could jepordize the outcome of such a settlement.
This is how it happened folks, there is no deviating from the story here. This woman has a permanent disability here. Her quality of life has been extremely diminished....and not by her own doing. NYS compensation sorely dropped the ball her concerning her case. The lawyer that was supposed to be looking out for her was obviously looking to dispose of the case quickly and easily and collect his fees for his law firm or he was obviously "in bed" with NYS compensation so as to dissolve any responsibility in the case.
As it is, she is not looking for any monetary reward, she just wants an even chance at a job where she can pay her bills and support her family as she has been accustomed to in the past.
Watching her go through this and being a fair witness as to how the so called system has treated her.....I would call it totally lacking of responsibility. This woman like I mentioned before, she wasn't in search of more monetary assistance....NYS compensation just drastically cut her benefits, no further assistance....now I know it's not their job to find her a job, nor is it their problem that she can't find a job or return to the one she left because of her injury. Although it's this mans opinion that there should be set aside so sort of aide for people facing this type of delema.....as of now she is working...working very hard at two jobs, attempting to support her family and pay her current bills which she has fallen behind on.....I know...I know this sounds like a sob story. My point is that all she is looking for is a little help so she can find a good job that she can remain a productive member of society.....as she was before her injury at her job. The purpose of NYS compensation was to protect workers injured on the job until they can return to work and again be productive. In this case the theory and purpose of NYWS compensation was thrown out the window. The case certainly was not evaluated on it's merit, nor was it looked at objectionably.
I guess things really don't appear to be what they are supposed to be at all....especially in New York State.....such a shame....because you could live in a worse place......
Hats off to New York State workmans compensation......they really don't have compassion or concern for the people who make New York State a great place to live.....nice job guys....I hope some day you choke on it.......
L8TR
Chris
posted by Chris at 9:15 AM
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