Legal Question in Workers Comp in New York

Workmans compensation

I am currently not working due to right shoulder injury. I am receiving comp. benefits. I might require surgery to be able to return to my normal occupation. My Husbands job takes us to FL for the winter and I can take a job doing something else. Can I wait til we get back to NY in April and get the surgery done and will it still be covered under workmans comp. I exercise thoroughbred race horses for a living.


Asked on 11/11/08, 6:41 am

2 Answers from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Workmans compensation

Yes you can. Once you get authorization from the workers comp board you are in good shape.

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Answered on 11/11/08, 7:05 am
Michael Stacy Law Offices of Michael P. Stacy

Re: Workmans compensation

You can certainly wait until you get back to have the surgery. Nothing in leaving the state will affect that. What you could possibly have problems with, if you are receiving ongoing benefits, is an objection by the insurance company that you do not have "up to date medical evidence." If your travel to FLA is going to last more than 45 days, the comp carrier may argue that you have no current evidence of disability. Even if surgery is contemplated, you need to prove you are disabled every 45 days. That can be difficult to do when you are out of state. Many out of state doctors do not want to take NY Comp patients, especially if another doctor is contemplating surgery. You might want to schedule a quick trip home to avoid this problem.

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Answered on 11/11/08, 10:56 am


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