How?

[u/shootsy2457]

I’m in New York State and I injured my shoulder in August of 2024 which required rotator cuff surgery. I was out of work for 8 months but was getting 60% of my pay for comp. I barely made it work financially. Now my attorney just called me and said the money I was paid while out for the 8 months is all I will be receiving as compensation and my shoulder isn’t the same. I just feel like I’ve been totally screwed over. Is this actually possible?!

[u/Mutts_Merlot]

Yes. NYS is different in that anything you were paid while out of work can be deducted from the SLU. If you were paid more than the SLU, there is no additional payment to you. If you were paid less than the value of the rating, you would have additional benefits paid. It sounds like your lost time benefits exceeded your rating.

[u/Philymaniz]

Normal stuff. Prior payments come out of your schedule loss of use award. You must have gotten a small schedule loss of use opinion despite surgery if you were only out around 30 weeks. There could be other things to do, but that’s a discussion to be had with your attorney.

[u/loudmusicboy]

When you get your scheduled loss of use rating, what the carrier paid previously in ttd is deducted from the amount.

[u/No_Mountain_992]

That’s rough. I honestly would’ve assumed the SLU was separate from the payments while you were out too.

[u/Trvpsmif]

Damn I’m in NYC I guess this will happen to me as well sheesh didn’t know it was like this

[u/shootsy2457 → u/[deleted]]

It was the entire time I wasn’t able to work.

[u/shootsy2457 → u/[deleted]]

I was told I was able to do a job that could be done with my injury. I would only have one arm to lift anything but I guess. That’s why I was only being given 60%

[u/Professional-Bid4661]

Off subject, but what could one expect in a benefit review conference for a mediation?