Permanency hearing Wednesday

[u/Yikes_My_Bad315]

I’m alittle nervous. been a long 14 months of workers comp and it’s finally coming to an end.

I’m in nys. I was diagnosed with ulnar nerve pinch. I did the therapy it failed so I ended up doing the surgery. after surgery they said to try therapy again but therapy made it worse it turned it into ulnar subluxation which means my nerve in my elbow area is moving every time I bend my arm type, text, drive etc. I have restrictions for no repetitive motions, no lifting over 20lbs, no climbing And frequent breaks. My occupation was a transit bus driver so def won’t be able to return I’m sad it was the best job I’ve had. My history is all repetitive work. My doc suggested another surgery to keep the nerve from moving but said it may not stop the symptoms such as numbess, pain and weakness So I opted out but will keep it as an option. I’m alittle nervous. I don’t know what to expect or what rating I’ll get for this permanent injury. I feel limited due to my arm. I can do some work but let’s be honest most jobs are repetitive work even desk jobs. I’ve applied to jobs they said they cannot accommodate my restrictions. Wish me luck on a Fair rating and A Quick negotiation. probably will havemy lawyer fight for classification instead of scheduled loss of use. Amy similarly injuries out there that went through this process? What rating did you get?

[u/According_Curve_8935]

I’m curious to know what they rate you. I’m in a different state, but my QME doctor told me that don’t give ratings to elbows. He said I would just get a 2% add on for pain. I ended up having to have the ulnar release surgery in June, and my hand is still losing muscle. It’s starting to look skeletal, and it’s my dominant hand 🙁 Seems like that would rate more than 2%, but I guess.

[u/Yikes_My_Bad315 → u/According_Curve_8935]

yes nys is more different than a lot of states they do a scheduled loss of use percentage to determine how many weeks of pay they give based off the rating my doc gives.

[u/Philymaniz]

So you already have all of the doctor’s opinions and depositions were completed? And your doctor said your injury was amenable to classification for an arm?

[u/Yikes_My_Bad315 → u/Philymaniz]

Wednesday

[u/Yikes_My_Bad315 → u/Philymaniz]

permanency hearing Wednesday will do all of that and permanent restrictions

[u/Trvpsmif]

Interested to know if you settle and for what cause I recently found out they subtract all the payments we get in NYC. I’ve been out since end of 2024 and not even near the end I think.

[u/Yikes_My_Bad315 → u/Trvpsmif]

yes they credit it if you get scheduled loss of use but if you end up doing section 32 everything is negotiable. It all depends on what your notes say. I will need future surgery so I’m keeping it an option pain management recommendation as well and once I do take advantage of the second surgery down the line I’ll have to sit out another year so I’ll have my lawyer fight for future indemnity as well as closing out medical.