Legal Question in Workers Comp in New York

Re: Please help

You raise an interesting question of when apportionment applies. Prior to a finding of permanency, the Court looks at whether your prior injury was actively symptomatic at or around the time that the work accident occurred. This is typically characterized by active symptomatic treatment or recent lost time from work right around the time of the accident. If it is not actively symptomatic, there is no apportionment. But this is only during periods of "temporary" disability. When considering permanency or schedule loss of use, the law permits the consideration of apportionment to the extent that evaluation of loss of use is based on things like permanent range of motion. Basically if you had a prior permanent loss of range of motion, the Court can consider that as part of the overall loss of use even if that injury was not "actively" symptomatically affecting your ability to work at the time of the work accident. Whether or not apportionment applies will come down to the testimony of the doctors and how they address these issues. Bottom line: apportionment may still be an issue at permanency even if it was not an issue at the beginning of the case.

Re: Please help

You have a lawyer and I do not think that it is proper or right to second guess your lawyer. Please note that this website is for those persons who are unrepresented. Your lawyer obviously knows your file and has spent countless hours litigating your case. Unfortunately, your own doctor finds apportionment. So, there is really nothing that your lawyer can do.

If you are upset with your lawyer go to the injured bar association website and try to find another lawyer.