Legal Question in Workers Comp in New York

Workers Comp. Board Panel Hearing

I was just notifird that I have a BPH next month. Reason being oral arguement re: volunary removal from labor force. Insurer is stating I left the labor force when in reality my injury prevented me from doing my job. Not only that my job filed my disability paper work and it was granted. State agreed that I could no longer do my job. recent IME found continued visits to dr. necessary. Why/ how is insurer still able to fight this, are they stalling? Violating my rights?


Asked on 10/22/08, 7:06 pm

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

Re: Workers Comp. Board Panel Hearing

I used to be a carrier's attorney and I will tell you why... Insurance carrier's always raise voluntary withdrawal from the labor market when someone is injured then goes back to work then goes out of work. Many times, the carrier just wants to know why that occurred. What this defense does is shift the burden to you. Now you have to prove that you are out of work because of your disability.

If you are really upset about this raise the charge of frivolous controversy with the Law Judge and have the carrier defend its' actions.

Of course, if you have an attorney please do what your attorney tells you to do.

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Answered on 10/22/08, 7:11 pm


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