New York Workers Compensation Alliance: Spitzer and Workers' Comp Reform: What is a "Permanent Partial Disability" and Why It Should be Protected

So big business and the insurance company lobbyists (NYCAN's Larry Gilroy) want to cap "permanent partial disabilities" under the New York State Workers' Compensation system. They say it will be the panacea that results in the revitalization of the upstate New York economy. But before we throw the baby out with the bath water, let's shine some light on the faces of those injured workers who live with "permanent partial disabilities".

George C. was an 47 year old upstate New York union carpenter earning almost $60,000 a year prior to his work related injury. He has a wife and three kids. On 10/14/05, he lifted a piece of sheet rock over his head and suddenly felt a sharp pain in his back which caused him to drop to the floor. He was taken to the local hospital by ambulance where an MRI revealed a large herniated disc in the low back impinging on his spinal cord. George's doctors suggested immediate surgery to relieve the pressure on the spinal cord and George consented to surgery. The doctors requested authorization for surgery from the workers' compensation insurance carrier, which was granted in record setting time of about three weeks. George began to receive New York workers' comp benefits at the maximum benefit level of $400/wk (about 1/3 of his wages). George wondered how he would pay his family's bills.
On 11/11/05, George underwent a two hour lumbar laminectomy where fragments of disc material were removed from his spinal canal. Initially after surgery, George felt immediate relief from the pain and numbness in his right leg. He still felt a constant "toothache" type pain in his lower back, but was hopeful that this would decrease as he began physical therapy. Unfortunately, after 12 weeks of physical therapy, George's lower back pain was still registering a 7/10 on the pain scale. He was still unable to take out the garbage, lift his new one year old grandson or sit in one position for longer than 1/2 hour. George was still taking Vicodin for pain and Flexeril for muscle spasms.
On 2/15/06, George's long time employer, Black Hawk Construction, let him go leaving him and his family without any other medical coverage. His wife's job as a waitress in the local diner did not provide any health insurance. George spoke to his orthopedic surgeon about alternative treatments that might help him return to work. His surgeon suggested a consultation with an anesthesiologist who specialized in pain management. The anesthesiologist suggested a series of three lumbar epidural steroid injections to be done over a period of six weeks as an outpatient at the local hospital. After the first injection on 4/10/06, George's pain decreased to about a 3/10 on the pain scale and he was feeling significantly better. His pain continued to be well controlled initially after the second and third injections also. Unfortunately, when the medication from the final injection wore off by late May 2006, George's pain had returned to a 7/10 on the pain scale and his condition was getting worse.
George now could not control his bladder when he coughed, had put on an extra 20 pounds due to a lack of physical activity, had become increasingly depressed over not working and had lost much of his libido. He went back to his orthopedic surgeon who took another MRI of his spine which found marked degenerative disc disease and instability of the spine. The surgeon suggested a lumbar "spinal fusion" by grafting bone from his hip to stabilize George's spinal column and prevent further worsening of his condition. After waiting over two months for the workers' compensation insurance carrier to authorize the second surgery, George finally had his back fused on 9/7/06 (right after Labor Day). Like his first surgery, George initially felt a little better, and his pain four weeks post-surgery was 5/10. However, George's pain again began to steadily increase and an x-ray done 12 weeks post surgery showed a failed fusion at the graft site in the spinal column. Because the fusion was unsuccessful, he was unable to undergo further physical therapy.
Despite a pro-active course of sustained treatment, George's doctors now diagnose his condition as "failed back syndrome". His only course of future treatment is to rely on increased pain medication. He has become increasingly depressed and his doctor has referred him to a psychiatrist to cope with loss of his career. He now walks with a cane and is frequently incontinent. The financial strain has caused him to put his house up for sale, sell his much loved fishing boat and created marital problems. There are days he would like to "call it all quits".
Under the objective Workers' Compensation Board Medical Guidelines" promulgated as part of the Pataki reforms of 1996, George has a "Permanent Partial Disability" and would be entitled to ongoing workers' compensation benefits until such time that he was able to earn as much as he made prior to his accident lifting sheet rock. He would not be considered "Permanently Totally Disabled" because he does not need a wheelchair, does not need assistance bathing himself and can drive short distances himself. He is now 48 years old, living in constant pain and his economic future is bleak. Should New York State "cap" this gentleman's permanent partial disability benefits?
Now let's assume, for argument's sake, that George with his high school education can be retrained by the state for some type of less physical work AND some employer (Walmart????) will hire him cane and all ( I wouldn't bet on it! ). Will he ever earn as much as he did as a union carpenter?. Had George's employer given safety classes on proper lifting techniques or provided back belts to its employees, could this accident have been prevented? Would not prevention be in the best economic interests of both George and his employer?

Bottom Line - to date, the New York AFL-CIO , NYCOSH and the New York Workers' Compensation Alliance have steadfastly refused to do a devil's bargain with "'permanent partial disabilities", i.e. trade a "cap" on permanent partial disabilities for an increase in short term benefit levels. We know that in the long run it's bad for most injured workers. Such a deal could have been done with the full blessing of both Governor Pataki and the Business Council years ago had we not stood our ground and taken the moral high road. To date, Governor-elect Spitzer has a record taking the moral high road which elevates him from the levels of mere politicians to the almost Lincoln-esque stature of a statesman. As Hubert Humphrey once said, the "the moral test of government is how it treats the children, the elderly and the disabled". I've got a funny feeling that the Governor-elect would agree with that statement. His Inaugural Address is on January 1st. We'll be listening.

Dear GOVERNOR ELIOT SPITZER,2007 IS HERE, TIME TO GET TO WORK !
I and other "INJURED WORKERS and DISABLED people" helped vote you in office. It was "YOU" that had the COURAGE, STAMINA, and proved to be a tenacious and "HONEST" compassionate man that went after certain insurance companies for what they were doing to the hard working people. It is now that those hard working "INJURED" people like myself need you to stand strong and let all know that you will NOT support any disabled people , or hard working "INJURED WORKER" from New York to end up on the welfare role, Nor allow them from having to go on Social Security and medicare at age 50 like I or any age for that matter. This was do to a corrupt workers' comp. system with corrupt IMES' , INSURERS that are lawless and , Governor Spitzer you are well aware of.
Governor Spitzer I was poor all my life and worked since I was 11 y/o ,I always wanted to be a nurse. At age 36 with three years of very hard work for a nursing degree I full-filled my life dream. I was injured at work in the critical care unit lifting men. Herniated two discs that flattened my spinal cord. My employer , their insurer and the workers' comp. system ignored my pleas and my neurosurgeons URGENT request for neck surgery. Finally over a year went by and a domino effect of many more medical problems( I was healthy before this work injury) and many hearings later and visits to fraudulent pathetic IMES, my medications stopped, medical refused the LAW JUDGE ordered my surgery.
I now SUFFER with many spine, nerve , muscle and CHRONIC PAIN 24/7 because of all the delays, refusals and negligence from ALL forementioned.I wanted to reopen my case because my neurosurgeon found after a horrific myelogram that nerves above my 2 inch plate put in to decompress the spinal cord are now being compressed.According to an IME this is not related to my work injury.My neck surgery was paid by the insurer and the Law Judge ordered it but the nerves above the sight or muscle and nerve damage and PAIN is not related according to a very well PAID fraudulent IME. My case was closed even with many expert doctors evaluations. There is a law that IMES' have to be somewhat consistant with expert or injured workers doctor. I was "REFUSED DUE PROCESS" and no one gives a ....I live solely on social security $853.00 a month. I cry all the time because I miss my career , my patients and my health that I had.
GOVERNOR SPITZER I know you would not tolerate this corruption. I am a critical care nurse and will always be, but I can't tolerate the pain that the system left me with literally totally disabled and without medical care, medications to control my pain,nor any monetary benefits, NONE!. Emotional and physical Pain, like so many others. My case was wrongly closed I should be drawing WC for life. If one's work injury caused by the delays, refusals and negligence of the employer, their insurer or WC then "INJURED WORKERS" are entitled to benefits for life according to the agreement and laws for WC made in 1914. These laws are there they are just NOT being followed. I am ENTITLED to benefits but I will never see a dime and I am a critical care nurse , I knew what they were doing to me.
I pray everyday that you will set the fraudulent IMES' and the EMPLOYERS,WC SYSTEM and INSURANCE mongoors straight.
If I may suggest a panel of trusted people that can follow or study a state that received an "A" in a study that was done and rated on their WC System. IOWA got an "A". I would be glad and willing to speak to you or anyone you choose with suggestions on what needs to change. Appoint me to the Board I will gladly put the system in the right direction.Thank You for your time.
I BEG YOU TO HELP US and STOP the INSURERS from CAPITALIZING off our "PAIN and SUFFERING". Read the studies the insurers PROFITS ARE HUGE from INJURED WORKERS.
I TRUST you Governor Spitzer.
Sincerely,
Donna Gilman RN(disabled by a WC System supports fraud)

There is "NO DATES or SENATE COMMITTEE SET UP FOR
FRAUD AGAINST INJURED WORKERS and the CORRUPTION that our WC TOLERATES KNOWINGLY.
There is NO ONE to investigate IMES' or SELF INSURERS from BAD FAITH Claims like mine and so many others.
WE NEED HELP ! Many of us went to college to get a great career just to have it taken away by INSURANCE MONGOORS. I was told there are "NO" laws to STOP the Bad Faith , FRAUD from IMES' and the SELF INSURERS.
Does anyone care what is happening to us. Trying to survive on welfare or social security like I . When I was entitled to benefits. I have been on social security and MEDICARE since 2001 , I was 45 y/o. How PATHETIC.
Does anyone care that people lose everything they have worked their ENTIRE LIFE FOR ! Some are in so much pain emotionally and physically they COMMIT SUICIDE.
CORRUPTION and Workers' Compensation REFORM needs to be first and foremost on the AGENDA.The "INJURED WORKERS like I that was refused care , delayed, and benefits, medical NEED YOUR HELP. NOW !
If a worker is disabled for life then either permanent partial disability or Permanent Disability MUST be PAID. That was the law since 1914. Or I submit that I will campaign that injured workers just SUE their employers because workers comp. corruption and allowed FRAUD from IMES' and self insurers will take your life.
I would love to speak as an advocate for Injured Workers if you would like to hear our HORROR STORIES. PLEASE HELP US. I ask that you ALL look at the PROFITS these INSUERS are making from the SUFFERING HARD WORKING INJURED WORKER and premiums from employers. We need someone with COURAGE to step up , just like Attorney General spitzer did. GREAT JOB !
WE NEED AN INVESTIGATION into our allegations. We need OUR LIFE back with some benefits we are entitled too.
Dear GOVERNOR ELIOT SPITZER,Lt. Governor and all elected Senators, 2007 IS HERE, TIME TO GET TO WORK !
I and other "INJURED WORKERS and DISABLED people" helped vote you in office. It was "YOU" that had the COURAGE, STAMINA, and proved to be a tenacious and "HONEST" compassionate man that went after certain insurance companies for what they were doing to the hard working people. It is now that those hard working "INJURED" people like myself need you to stand strong and let all know that you will NOT support any disabled people , or hard working "INJURED WORKER" from New York to end up on the welfare role, Nor allow them from having to go on Social Security and medicare at age 50 like I or any age for that matter. This was do to a corrupt workers' comp. system with corrupt IMES' , INSURERS that are lawless and , Governor Spitzer you are well aware of.
Governor Spitzer I was poor all my life and worked since I was 11 y/o ,I always wanted to be a nurse. At age 36 with three years of very hard work for a nursing degree I full-filled my life dream. I was injured at work in the critical care unit lifting men. Herniated two discs that flattened my spinal cord. My employer , their insurer and the workers' comp. system ignored my pleas and my neurosurgeons URGENT request for neck surgery. Finally over a year went by and a domino effect of many more medical problems( I was healthy before this work injury) and many hearings later and visits to fraudulent pathetic IMES, my medications stopped, medical refused the LAW JUDGE ordered my surgery.
I now SUFFER with many spine, nerve , muscle and CHRONIC PAIN 24/7 because of all the delays, refusals and negligence from ALL forementioned.I wanted to reopen my case because my neurosurgeon found after a horrific myelogram that nerves above my 2 inch plate put in to decompress the spinal cord are now being compressed.According to an IME this is not related to my work injury.My neck surgery was paid by the insurer and the Law Judge ordered it but the nerves above the sight or muscle and nerve damage and PAIN is not related according to a very well PAID fraudulent IME. My case was closed even with many expert doctors evaluations. There is a law that IMES' have to be somewhat consistant with expert or injured workers doctor. I was "REFUSED DUE PROCESS" and no one gives a ....I live solely on social security $853.00 a month. I cry all the time because I miss my career , my patients and my health that I had.
GOVERNOR SPITZER I know you would not tolerate this corruption. I am a critical care nurse and will always be, but I can't tolerate the pain that the system left me with literally totally disabled and without medical care, medications to control my pain,nor any monetary benefits, NONE!. Emotional and physical Pain, like so many others. My case was wrongly closed I should be drawing WC for life. If one's work injury caused by the delays, refusals and negligence of the employer, their insurer or WC then "INJURED WORKERS" are entitled to benefits for life according to the agreement and laws for WC made in 1914. These laws are there they are just NOT being followed. I am ENTITLED to benefits but I will never see a dime and I am a critical care nurse , I knew what they were doing to me.
I pray everyday that you will set the fraudulent IMES' and the EMPLOYERS,WC SYSTEM and INSURANCE mongoors straight.
If I may suggest a panel of trusted people that can follow or study a state that received an "A" in a study that was done and rated on their WC System. IOWA got an "A". I would be glad and willing to speak to you or anyone you choose with suggestions on what needs to change. Appoint me to the Board I will gladly put the system in the right direction.Thank You for your time.
I BEG YOU TO HELP US and STOP the INSURERS from CAPITALIZING off our "PAIN and SUFFERING". Read the studies the insurers PROFITS ARE HUGE from INJURED WORKERS.
I TRUST you Governor Spitzer Lt. Governor David Paterson and all elected senators.
Sincerely,
Donna Gilman RN(disabled by a WC System

I can relate to George C.'s predicament,
although I'm thankful for these programs, think about dealing with the red tape associated with workers comp, VESID, Social Security Disability, and
a possible medical retirement while living with chronic pain, at age 51.
Permanent disability of any degree is a life changing event that requires personal transition to an uncertain future.

I also have a beef about possible "offsets" that can effect the NYS retirement system, SSD, and workers comp.I payed toward my retirement, I paid my SS taxes, and my employers paid WC premiums, for the 30+ years I was in the workforce...why should any of these amounts be diminished ?

Living in Limbo
KWR 1/02/07

I would very much like to comment on George C. His story recapitulates thousands of "INJURED WORKERS". If we the injured hard working people does NOT get any kind of LAWs to PROTECT the "INJURED" from our new Governor that we all voted in to office it will truly be a said day for all disabled.
George C. you and your family are NOT alone. I have commented so many times on this site. I just pray that we are heard LOUD and CLEAR. Like you I was working as a critical care RN making alot of money. I loved my job and patients so much, I would work alot of overtime. It was 2/1 so right after the holidays RN's were very much needed and alot of mandation. I worked on the cardiac floor and was a charge nurse at times and code team nurse. I had the most rewarding job in the world.
The m,orning of 2/1/2000 I went to work and told to go to CCU the critical care unit because a trained critical care nurse was needed. It was there that I had two patients. One man had renal failure , confusion and combative. this poor patient did not realize what he was doing but had punched the night nurse. Long story short. I was constantly lifting and boosting this patient for over eight hours so he could breathe and keep him safe. my other patient needed support to the bed and chair and bedside portable toilet. So my neck and back was hurting so bad,but I thought I had got a work out and be fine because I boosted patients everyday. I reported all my injuries and the nurses aide that helped me at the end of the day hurt her lower back as well.Same patient. I was a happy , healthy nurse that loved my work and trusted my employer. i had my own medical insurance, and was in the NYSNA union so I thought if I ever was injured I would be taken care of immediately just like every other patient. THIS DID NOT HAPPEN. The emergency room refused to even x-ray me. I demanded an MRI and the doc stated," I know WC is awful , but you have to wait for approvals." I still demanded the MRI put it on my medical insurance, I was told,"that would be against the law because it is a work injury. So, I offered to PAY MYSELF. The doctor "REFUSED."
So since my injury and delays and refusals and negligence of the WC I sustained not only chronic pain in my neck and lower back. I have so much pain the WC stopped my medications, medical and benefits. I was suicidal because I chad no way of controlling my pain. I wrote to our Governor, and many congressman, and met with many. Also my employer and union. No One would HELP me.
My neurosurgeon requested "URGENT" neck surgery because of two herniated discs in my neck compresing the spinal cord. My arms would go numb. An EMG was POSITIVE. The request for surgery was faxed to the insurer and they IGNORED it. I had to go to about 3-4 WC hearings which took my suffering into June of the following YEAR. By then my spinal cord was COMPLETELY FLATTENED this caused a domino effect of muscle and nerve damage.So the LAW JUDGE granted the surgery I finally had in July 2001. I had the same surgery as George C. A laminectomy, corpectomy with plating and fusion. The neurosurgeon had great hope in my recovery after DEcompressing the spinal cord. I was on oxycontin as I was being discharge the hospital I worked for REFUSED my pain MEDICATION. I was crying hysterectly feeling that animals are treated better. I finally got my medication and I felt like George C. I was a little better until the pain medication was reduced. It was all still there. Headaches, vision problems, muscle damage , nerve damage and horrific pain. The surgery was a success the spinal cord was decompressed , however it was too little to late for the other damage. Since 2001 I have had nerve blocks once in my back that did not help and two in my neck the second helped a little releiveing spasms in my neck to my shoulders and scapulas. I also had a very painful myelogram that showed compressed nerves above the 2" titanium plate that was put in to stabilize my neck spine and to keep the cord from being compressed. I finally got social security in 2001 and I turned the insurer into the medicare because I had a "WORK INJURY", and the WC should have been paying me. But throughout the appeals process all meds, medical and benefits to feed my family was STOPPED. The LAW JUDGE found in my favor , however the the attorneys appealed for the insurer and THREE BOARD MEMBERS that are NOT DOCTORS and are NOT medical people at all decided for the insurer. such a miscarriage of justice. Actually one BOARD MEMBER was a nurse at a nursing home I think. I was DENIED "DUE PROCESS for a FULL BOARD REVIEW" that included 12 BOARD MEMBERS and some were doctors. Much more qualified. I had so much objective medical evidence not even a workers' comp. social worker in no way thought I could lose. But I did. I lost everything. I suffer 24/7 with chronic pain ,in my neck, back, spasms, numbness, headaches, constant sharp, dull, burning pain. EVERYDAY I wake up with pain and the whole consists of controlling that pain and I go to bed in pain. I live on social security and medicare and I now have a medicare prescription plan. This is INSURERS FRAUDING our GOVERNMENT and getting away with it. I forgot to mention I was hunted like an animal. I had an OLD MAN sitting toward the end of my drive way I was so scared.While on my medication and in a panic went to confront the hospital my employer and told them I will NOT BE HARASSED AT MY HOME.I WOULD RAM HIM if he was there the following day. He was NOT.I have been traumatized, stalked, threatenedby the hospital and their insurers attorney. I am a BROKEN NURSE. I live in poverty because I followed the supposed LAWS on the BOOKS that were suppose to PROTECT people like George C. and I.
George C., myself and thousands of other may not have permanent or total disabilities had an ACUTE injury been treated immediately and not MONTHS OR YEARS LATER. Preventing more damage.I am exhausted from the fight for my rights, however I will forever be an advocate for "INJURED WORKERS", "THE DISABLE" and I will my entire life speak out. I am lucky I still have a VOICE ! They can not take that from me.
GOVERNOR SPITZER, Congratulations I pray that you will help us. Our former governor ignored my pleas and begging for help. I know that you did NOT tolerate what AIG did and these problems that George C. and I suffered from is "NO" different. There are no laws for corrupt IMES' or SELF INSURERS. That are PROFITING HUGE off from peoples suffering and pain. This does not only effect the INJURED PERSON it effects an ENTIRE family they suffer terribly as well.
Governor PLEASE help.Can I re-open my case I never will stop getting treatment. I was diagnosed with irreversible damage and the Supervisor at NYWC told me my case is closed. Thats it! I ask you how can that be. the laws have been on the books since 1914 and according to NYWC I met the criteria for totally disabled at the very least partial. I GET NOTHING. HELP.......
Sincerely,
Donna Gilman RN(disabled by a corrupt WC)my opinion

Would like to know how the new comp bill (March 2007) affects us that have settled comp. cases and are getting weekly payments. Thank you JLD

I am somewhat excited about the changes, will it affect everyone who recieves Workers Comp. My situation is somewhat like the gentlemen above George. I was injured in 2003 and my claim has been done I was found to be partially disabled for life. I recieve 900.00 dollars a month, I have a growing 10 year old son whom I support alone, 900 dollars doesnt go very far. There is so much beauracracy, you are treated as a claim number never as a person, it will soon be a year that I asked for a lump sum payout, because I was facing eviction, I lost my car, I'm still waiting. Thank, God for family. I will never be the same, it is sad when you have medical proof, but your made to feel as if you are in the wrong. It seems like everyone is working against you instead of for you. I am glad to see that they are making changes, know one likes to feel dependent on others. I cannot even play with my son or any of the normal things I used to do, its a sad situation, and I am in the prime of my life. But I feel like an old woman. My question is how will the changes affect someone like myself. my claim was settled Febuary 2007 the results were I am partially disabled for life, and I would recieve 900.00 per month for life in the result I dont return to work. I asked for a lump sum payout in June of 2006, the insurance company says they feel I had pre-existing conditions to my accident. In the accident I shattered my left wrist and elbow, and the pre-existing conditions they speak of are my childhood asthma and a broken tibia on my right leg which was the result of a car accident at least fifteen years prior. Am I entitled to the lump sum payout, and is the insurance carrier allowed to drag the process for so long?

I would also like to know how the new comp bill (March 2007) affects us that have settled comp cases and are getting weekly payments and are classified permanet partial disababled.

Since my injury, 5-12-2000, I have seen the absolute worst mankind can assemble into one group and call it humane. I have been a victim of a bad doctor that couldn't tell the truth if his life depended on it, a therapist that nearly crippled me and one that under doctors instructions caused me horrific pain just to see if I was faking. I spent a year in hell awaiting a second surgery to correct the first which the WCB did everything to deny until a doctor threatened to perform the procedure and bring the video in as evidence against them in a lawsuit. The IMEs were simply laughable. After it all I was paid less than half of what I earned, forced out of my job and as depressed as one could imagine. In that shape who would attempt to continue to seek anything from the NYS WC system? As a matter of survival I simply gave up and waited to lose everything even my life. If it hadn't been for a nurse I'ld met, while searching for advice, I'ld likely be dead right now instead of writing this. She backed me financially, married me and has watched me suffer all without any questions as to when I'll be productive again. A godsend.

For those who are not so fortunate I feel pity as you are lost to the profiteers of this state and suffer while they live mightily and without a care of your health. No evil that might befall anyone associated with WC will be just enough. I only hope their pain is as enduring as ours.

Mr Spitzer, your reforms sound good but what of those of us who've been dealt the rawest the WC system has already offered? Will we be able to reopen claims and expect fair and timely treatment? What is the idea of limiting treatment to a twenty mile radius? Everyone knows the good doctors are located in metrpolitan areas where they can expect the most patients for their specialty services. We also know that the worst doctors, unable to secure positions with larger firms or hospitals, are employed in those out of the way, backwards places, such as those in upstate. That is a limitation of quality care if I've ever seen one. I'll panhandle for the costs of going to a metro doctor before I'll let another quack hack at me especially ones forced on me.

Lastly, I need to say that the law judge that heard one of my hearings was a tool of the WCB as he let the SIF get away with every tactic designed to delay, deny and even insult me. The woman who did the worst of it I admit I attempted to assault right during the hearing as I was suffering so bad her life somehow didn't seem to matter much after what she had done. Thats the most disturbing thing about a corrupt government, when its people are willing to throw it off and start something better. The very thing our constitution provides for and yet is illegal. To this day I have pain, nightmares about getting revenge and little faith in goverments interest in truly fixing its perfected ripoff. Its up to you to prove the change is in good faith. You might start by addressing the Donna Gilmans of this state as I have tired of the fight and no longer believe there will be justice done.

donna gilman
could you email me I too have problems with wc and hospital I work for. My union csea has not helped so far. Don't want to say much here. The state must do something about the abuse injuried workers are put though. Walshdidi@aol.com

Hi:) I am with the other recent posters. How does this new bill affect those classified as PPD, now getting payments for life. Is that only for cases after the bill has passed? Also, does our payment go up as well since the new max is $500 instead of $400. Any retroactive $ in that? Also, does anyone know if there is a cap or formula for lump sum settlements?

Thanks in advance!

It does my heart good just to type out and pray someone might listen. I have a permanent disabilty, a torn and retorn L rotator cuff. I worked with the disabled for 20yrs. As my health was going down hill as the years went uphill, I finally found employment as a cashier at the orange box store. Going on 5yrs there I tore the rotator cuff in front of a store full of people. A 3 1/2" L shaped tear. Sounds so simple, but accidents are super no nos. So our dear HR store manager sumitted my accident as a Heart Attack! This was June 2005. Ins refused MRI, finally recanted and allowed it 8 months later and told my lawyer that this a swap for cutting my weekly payments to around $300.00 a month. The surgery was in April 2006, just 10 months after the injury and totaling 53 therapy visits. The surgery did not go well, the pain was nasty and I am allergic to most painkillers. During surgery it was physically evident that there was tissue damage resulting from the unusual waiting period. And one year later as everything was finally healing it retore. The store will not take me back until the tear is totally healed. My surgeon will not attempt another surgery as I would need an internal patch but allergic to antibiotics. When the outcome of the surgery would be death from tissue rejection, I tend to agree. So the insurance co settled. I recieved an award of $44.40. I had been recieving a megar $400.00 a month. My meds alone are $387.00 a months with my husbands insurance. I now live on $0.00 forever. No workers comp, no SSD, no unemployment, but thank god my lawyer just quit. I know I can fight this but so far this year I have forced my self to dress in street clothes twice. I would much rather sit in a corner with my pj's and cat and forget about how much it hurts to breath because it has been about 6 months since we could afford the medications for Asthma and COPD. This is being written one year following the prior postings. Does not really give one hope.
Bernadette Stevens January 9th 2008

These cases are not unusual by any means. We need to start putting these politicians in jail when they make decisions they are clearly being "paid for."

The insurance industry tries to pit the injured against policy holders by telling them fraud keeps their rates high. In many cases, there is no fraud except on the part of the insurance company themselves.

There by the grace of God goes you who have not been injured on the job. You are only a bone or limb and paycheck away from a miserable life. One where insurers make unreasonable demands, and play dirty tricks, using the scum of the earth lawyers, doctors and investigators who couldn't make a living working a real job.

I have said for years, that WC should be adjusted for inflation on a continous basis. When you work, you get cost of living increases, so why shouldn't those injured and sick be entitled to the same treatment? This was insurance you and your employer paid for--not welfare!

Also, we live in an age of "direct deposit." So why is it insurers refuse to adopt direct deposit programs? They're playing the float. They're using your rent and food money to finance be real estate deals and other investments.

Insurance companies act like they are doing you a favor paying medical bills or sending you a little check (usually late). As much as it hurts, as sick they may make you, you need to fight these devils. They don't care about you in the least. They only care about their Cadillacs and BMWs and their $100K /year salaries.

Write to your congressman and state politicians and let them know how you feel about WC laws and the protection afforded you in the event you too become injured on the job. Maybe we can get these insurance executives back where they below--selling magazines!

New York Workers Compensation Alliance

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Spitzer and Workers' Comp Reform: What is a "Permanent Partial Disability" and Why It Should be Protected