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Disability Case Studies

Satisfactory Essays

I attended a hearing on your behalf in the above-referenced matter before Judge Whispell in New Windsor, New York on 09/19/17. The claimant was present and represented by attorney Jonathan Jacobson. As you know, this case is established for the back with an average weekly wage of $780.00. The claimant has been classified with a permanent partial disability at a classification rate of $290.00. The claimant underwent lumbar fusion surgery on 11/29/2016 with a revision surgery on 03/08/2017. At the last hearing on 08/01/17, we held abeyance all awards after 11/29/16 since there was insufficient medical evidence documenting the claimant’s surgeries or any increase in disability following those surgeries. In the meantime you paid the claimant a total rate following the surgery. In preparation …show more content…

Given the Boards rule that medical reports are valid for ninety (90) days after the issuance and assuming that the surgical reports are evidence of total disability. At today’s hearing, Mr. Jacobson requested awards be made from 11/29/16 to date and continuing at the $400.00 temporary total rate. At this point we do not have any contrary evidence and the Judge made those awards. He directed a CCP at the total rate. I noted my exception to the findings but I do not recommend an appeal as we do not have any contrary medical evidence and as indicated above the claimant does have medical covering virtually the entire period. I would urge you to obtain an IME on the issue of degree of disability. The claimant is still wearing a hard brace. It has been almost a year since his first surgery and he should not be continued at the total disability rate. If your IME finds less then total, you should immediately file an RFA-2 requesting to reduce payments. Mr. Jacobson was granted a $250.00 attorney

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