New York State Disability Retirement System

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Just a follow up from post #314 in that post I posted a link with some good information and a lot of it. This is a very big subject with i-w discrimination of disabled employees in the work place. I am one of them, by my employer and the NYSRS disability system. Also in post # 315.




Q. Who is protected from employment discrimination?

A. Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also is protected.





Q. When is an employer required to make a reasonable accommodation?

A. An employer is only required to accommodate a "known" disability of a qualified applicant or employee. The requirement generally will be triggered by a request from an individual with a disability, who frequently will be able to suggest an appropriate accommodation. Accommodations must be made on an individual basis, because the nature and extent of a disabling condition and the requirements of a job will vary in each case. If the individual does not request an accommodation, the employer is not obligated to provide one except where an individual's known disability impairs his/her ability to know of, or effectively communicate a need for, an accommodation that is obvious to the employer. If a person with a disability requests, but cannot suggest, an appropriate accommodation, the employer and the individual should work together to identify one. There are also many public and private resources that can provide assistance without cost.


Q. What are the limitations on the obligation to make a reasonable accommodation?

A. The individual with a disability requiring the accommodation must be otherwise qualified, and the employer must know the disability. In addition, an employer is not required to make an accommodation if it would impose an "undue hardship" on the operation of the employer's business. "Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation. Undue hardship is determined on a case-by-case basis. Where the facility making the accommodation is part of a larger entity, the structure and overall resources of the larger organization would be considered, as well as the financial and administrative relationship of the facility to the larger organization. In general, a larger employer with greater resources would be expected to make accommodations requiring greater effort or expense than would be required of a smaller employer with fewer resources.

If a particular accommodation would be an undue hardship, the employer must try to identify another accommodation that will not pose such a hardship. Also, if the cost of an accommodation would impose an undue hardship on the employer, the individual with a disability should be given the option of paying that portion of the cost, which would constitute an undue hardship, or providing the accommodation.

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This topic seems to be a very big question so I will contiune with Reasonable Accommodation.


This post came to me off another site by an injured worker. The question when returning to work is how will my employer handle my disability. Reasonable Accommodation is the key to how your employer will handle your disability if at all.
As you read this post by the injured worker this person wants to take out a lawsuit against his employer and the New York State Retirement System. As the person states “Forced” (While that may be your perception of how things are… you can’t be ”forced” to do something you do not want to do.) The laws do require the employer to make ”reasonable accommodation” for your return to work… but that doesn’t always mean what we may think.Quote:
Reasonable Accommodation

Reasonable accommodation may include, but is not limited to: making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modification of work schedules; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters.

Reasonable accommodation may be necessary to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. An employer is not required to lower production standards to make an accommodation. An employer generally is not obligated to provide personal use items such as eyeglasses or hearing aids.
This site is worth some time to read http://legalcatch.wordpress.com/2008…d-individuals/


Civil Lawsuits

I was refused my NYSRS disability pension three times since 2005 for work injuries. I have received SSD and my comp case was settled PDD 75%. Because I was forced back to work by the state and my employer for the last 20 months before I could retire on my own this coming fall. I was not given any light duty or special treatment in regards to my job. So for the last 20 months and hurting my back more does anyone know if I have a civil law suite against the state and my employer? Also all the stories about the NYSRS are true and there are many on the internet it is a broken system that needs reforms. Thanks to all the politicians (not one) that have helped me with the state disability system.

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The full article was in the Buffalo News by Lou Michel

Free course to teach lawyers how to navigate VA bureaucracy

The need for more local lawyers certified to practice law before the Veterans Benefits Administration. Why because the increase of disabled vets returning from Iraq and
Afghanistan. So far over 50 local lawyers have enlisted to take a course to help disabled vets fighting for government benefits that are entrenched in bureaucracy. This system is a major time commitment for disability pensions and benefits, it can take months or years
to resolve the VA appeal process. (Sounds like the NYSRS disability and that bureaucracy mess!)
“ These veterans fought to protect our rights and to bring freedom to others, and they should have access right here in America to what they preserved,” said Robert Convissar president of the Bar Association of Erie County.
Veterans who want the free legal service should call the association @ 886-1224 ext.322.
------------------------------

This site has been passed on to me to be shared by families of injured soldiers that are fighting over seas. It is a great site for families that have family or friends fighting in both wars. About the site.
The Real Warriors Campaign is an initiative launched by the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury (DCoE) to promote the processes of building resilience, facilitating recovery and supporting reintegration of returning service members, veterans and their families.
http://www.realwarriors.net

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My prayers are with you all.



A FIREMAN'S PRAYER



When I am called to duty, God

Wherever flames may rage
Give me the strength to save a life
Whatever be its age
Help me to embrace a little child
Before it is too late
Or save an older person from
The horror of that fate
Enable me to be alert and
Hear the weakest shout
And quickly and efficiently
To put the fire out
I want to fill my calling and
To give the best in me
To guard my every neighbor
And protect their property
And if according to your will
I have to lose my life
Please bless with your protecting hand
My children and my wife.
~author unknown~

[Smiley]

my prayers are with you all.



A fireman's prayer



when i am called to duty, god

wherever flames may rage
give me the strength to save a life
whatever be its age
help me to embrace a little child
before it is too late
or save an older person from
the horror of that fate
enable me to be alert and
hear the weakest shout
and quickly and efficiently
to put the fire out
i want to fill my calling and
to give the best in me
to guard my every neighbor
and protect their property
and if according to your will
i have to lose my life
please bless with your protecting hand
my children and my wife.
~author unknown~

Amen!

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With so many firemen arriving in the city for Fridays services for the two city fireman that died on the job and doing what they loved. This link was sent to me and the person he or she and believe was a firemen only said “The scene will look like this and the sorrow that be held over your city will last for years.” God Bless These Two Brothers Amen

http://www.youtube.com/watch?v=kUyuBCi6Hkc

[smokie]

With so many firemen arriving in the city for Fridays services for the two city fireman that died on the job and doing what they loved. This link was sent to me and the person he or she and believe was a firemen only said “The scene will look like this and the sorrow that be held over your city will last for years.” God Bless These Two Brothers Amen

http://www.youtube.com/watch?v=kUyuBCi6Hkc

Rest In Peace Brothers
My Prayers are with you and your families.

[monkeyman]

May the lord be with you both Amen

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This article was released nation wide not to long ago, and in it NYS is mentioned. “New York boasts the nation's highest wages but has the lowest weekly benefits.


"New York State's workers' compensation system falls far short of meeting
the needs of injured workers.”




Workers' Compensation System a 'Colossal Failure.’


Workers across the country often have to contend with "adversarial
bureaucracy and inadequate benefits" when they file a workers'
compensation claim, according to a report issued by the Center for Justice &
Democracy (CJ&D).
The report - "Workers' Compensation: A Cautionary Tale" - describes the
nation's workers' compensation system as a "colossal failure" and contends
that while workers' benefits continue to shrink, insurance companies reap
the benefits.
"Workers' compensation is an unfortunate example of how a seemingly fair
program can be manipulated by political forces into a nightmare for those it
was originally meant to help," said CJ&D attorney and policy analyst Amy
Widman, the report's author.
The report contends that the workers' compensation system has deteriorated
since its inception in the late 1940s. The report examines several states'
legislative battles that, the report asserts, illustrate how workers nationwide
are being stripped of benefits that would have been available to them 50
years ago.
A combination of factors such as the slashing of benefits, unprecedented
eligibility requirements and continuous industry lobbying of politicians and
agency administrators have prompted workers' compensation programs in
many states to be essentially gutted, leaving injured workers without
adequate help to care for their families, according to the report.
Workers' Compensation System Offers a "Cautionary Tale"
The CJ&D Report brands workers' compensation a "cautionary tale" about
the pitfalls of administrative compensation programs that take away
someone's right to trial by jury, such as proposed "health courts" for medical
malpractice victims.
The report was co-released with safety advocacy groups such as the New
York Committee for Occupational Safety and Health (NYCOSH). In
response to the report, NYCOSH Executive Director Joel Shufro said it was
ironic that New York boasts the nation's highest wages but has the lowest
weekly benefits.
"New York State's workers' compensation system falls far short of meeting
the needs of injured workers," Shufro said. " It is inexcusable that the
benefits have fallen so far that seriously injured workers are being
pauperized."
“With insurance company profits continuing to rise every year.”


http://politicalclassdismissed.com/
http://www.timesunion.com/

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Just a quick story injured worker out of work for the past six months. Injured worker's doctor is treating this person for back injuries while he is out of work and collecting WC. The employers insurance company calls this person and asked if a rep from the i-c can attended his next doctor’s visit, the person (iw) agrees. Shows up at his doctor and so does the rep from the ic, ther doctor asks who is this person the iw says rep from the ic. The doctor tossed the ic rep out of the office and told his patient the injured worker to get an attorney. This was an iw just being an honest person and not knowing how the system works. This happens to thousands of iw not knowing what to do! The internet use it there are so many sites where you can find out good information and help about WC. Does the insurance companies like this HELL NO they want the injured person to be dumb and left in the dark.




If you are injured and out of work due to a serious injury get and attorney.
If contacted by the insurance company you refer them to your attorney. (say nothing in regards to your cases)
Do not show up at your first WC hearing without an attorney chances are the law judge will advise you to get an attorney and your hearing will be postponed.
On the bottom of the paper work you receive from NYSWC is a name of your case worker that is handling your WC case. You can call them and ask questions. ?????


No Workers Comp Insurance

If you suspect an employer or yours of operating without workers' compensation insurance, please submit an Employer Whistleblower Form to the Workers' Compensation Board. This form can be submitted online, or by mailing the paper version, or by calling (866) 571-6729
http://www.wcb.state.ny.us/icpocinq/icpocreferral.jsp

If you do get hurt on the job and your employer does not have insurance.
You will be provided benefits through the uninsured employer fund... as well as compensation from the 3rd party action. Let your attorney handle this for you... you concentrate on recovery from your injuries.

http://politicalclassdismissed.com/
http://www.timesunion.com/

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This article is very important and take notes when you go to the IME.
_______________

If you are injured and make a claim, the other person's insurance company has the right to have you examined by a doctor of its choice. This is variously called an "independent," "adverse" or "compulsory" medical examination.
Whatever it's called, the doctor who performs the exam will testify about your injuries for the insurance company who is paying his or her fee. The doctor is examining you not for the purpose of treatment or to help you find relief from your injuries, but to obtain information that will either allow the insurance company to terminate its obligation to pay your medical bills or to question your injuries should your case go to trial.
Here are some tips about what to expect and how to make the best impression possible





The Physical Exam:
After taking a medical history, the doctor will make a physical exam. The exact procedures vary based on your injuries and the doctor.
Here are things to avoid:
· Do not volunteer any information not requested.
· Do not discuss who is at fault in your case.
· Do not discuss settlement of your case.
· Do not allow the doctor to take X-rays or conduct other diagnostic tests.
· Do not take any written or psychological tests such as a MMPI.
· Do not go to any other doctors or facilities without your attorney's approval.
Is extremely important to note the exact amount of time the doctor spends actually examining you because the doctor will prepare a detailed report regarding your injuries despite having only spent a short time actually examining you.
During the course of your exam, without the doctor knowing it, keep track of the time the doctor spends with you and what is being done during each time period. For example:
2:00 p.m. Arrive at the doctor's office.
2:15 p.m. Appointment time
2:30 p.m. Go to examining room
2:40 p.m. Doctor arrives in examining room.
3:00 p.m. Interview ends, told to undress, doctor leaves
3:10 p.m. Doctor returns and begins exam
3:15 p.m. Examination over
3:20 p.m. Leave clinic
You'll want to ask for copies of the medical reports written by the examiner.
Always count your x-rays and other records before you give them to the doctor and after you get them back. Make sure you leave with the same number o documents you had when you arrived.
After the Exam
Once the exam is over and you have left the doctor's office, prepare a written summary containing the following information in as much detail as possible:
· What the doctor said to you;
· What you answered;
· What, if anything, was dictated into a tape recorder by the doctor during the exam;
· What tests or procedures the doctor performed;
· How much time the doctor spent with you;
· What was done during each time period; and
· Any inappropriate or unusual questions or comments made by the doctor.
The doctor will prepare a report for the insurance company describing his examination of you, along with his findings and opinions. It is extremely rare for the doctor to determine that you were injured in the incident or recommend any further treatment.
If you feel you have made a good impression, ask the doctor what treatment he or she would recommend for your injuries. Your questions may prompt the doctor to treat you as a patient, rather than an insurance claim.
You'll also want to schedule an appointment with your own physician immediately after the insurer's exam. Try to make sure your physician's report is the latest one the judge sees.

http://politicalclassdismissed.com/
http://www.timesunion.com/

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Sorry if I confused anyone with the last post , I should of posted this before the exam post. Preparing for the exam.




Honesty is the best policy. The best way to "connect" with the doctor is to be polite, cooperative, and above all, truthful. If you lie or fake an injury during the exam, the doctor will recognize your deceit and mention it prominently in the report. Try to appear open and forthright by providing helpful and straightforward answers. Also, attempt to make eye contact whenever possible. Although you need to pay attention to the doctor's questions so you can answer them carefully, don't appear nervous. After all, you know the answers to the questions, so try to stay relaxed.
Preparing for the Exam
Get organized. One way to strengthen your case and be more relaxed during the exam is to gather your thoughts so you can present your medical history in a logical and concise, but complete manner. Here are some topics you'll cover:
· Your medical history, including prior injuries;
· How the injury occurred;
· What areas of your body were injured;
· Your primary symptoms;
· When your injuries cause you pain;
· Movements or activities that aggravate your injuries and cause pain or discomfort;
· Treatment or medication that makes your injuries feel better; and
· Activities that have been affected or limited.



http://politicalclassdismissed.com/
http://www.timesunion.com/

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If you are a federal employee your workers comp benefits are controlled by federal law and not the private employment work comp act. Check out this site
http://www.dol.gov/esa/owcp/

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What a system!
Claimants who typically wait months to talk to a judge are surprised by the lightning speed of hearings. Eight minutes is typical. A trial can run a half-hour to an hour. Some matters finish in a minute or two. Often workers don’t even get to speak. Sometimes they wait outside while their lawyers perform.
“Is it normal for a person to go in there and say nothing and have people decide their life for them?”
Another injured worker hindered by a knee injury, emerged from his hearing, dazed by its velocity: four minutes flat! These workers confront a law that is maddeningly complex. In its barest form, it requires the i-w to report an injury to their employer within 30 days, then file a claim with the compensation board. If the insurer doesn’t object, it is generally required to begin medical and wage benefits within a few weeks.
But if information is missing, as is common, the clock doesn’t start until it is submitted, so payments often start much later. Disputed cases are frequent, require judicial intervention and can take months or years to resolve.
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Changes introduced in 2007 mean that for the first time since 1992 the maximum weekly benefit will rise, in stages, from a flat $400 to what will next year and thereafter be indexed to two-thirds of the state’s average wage, a cap of about $760. But the reform also ended payouts that could last a lifetime for workers with permanent partial injuries, like an impaired back. Now these awards generally expire within 10 years.
Those adjustments were designed to correct a longstanding paradox of the New York system: how it could be one of the most expensive for employers yet have one of the lowest payouts to workers. Experts say that although the wage benefit was low, insurance rates were steep because the state, unlike many others, had no time limit on payments for permanent partial disabilities.
New York not only had a high level of these injuries, it also had one of the more litigious processes, which further drove up costs.
Today, even with the payout increases, New York lags behind many states. Injured workers in Iowa can get about double New York’s limit.

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Here are a few short statements I came across while I was researching another subject on the broken system of the NYWCS. You have an employer, and two doctors voicing there
opinions on this subject. Again notice how the ic playes it’s roll in this system and these politicians do nothing about it!
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As an employer I see how broken the system is from this side. The system is for the lawyers and the doctors and the state workers that have lived off of this system for years. I will aggressively contest every WC case. Not because they are all invalid but because even the smallest case will increase my WC premiums by 4% a year for several years. This is wrong on all counts. When a system is this broken the only solution is to tear it down and begin anew. We must get it out of the hands of those who benefit from it.


I am a board-certified Occupational Medicine physician who practiced for many years in the Worker's Compensation system in Colorado, which, compared to New York, is more rational and more fair. I enjoyed the fact that I could do more for an injured worker faster and get better recovery that I could have done dealing with insurance company adjusters and formularies that rule the rest of medical care. If I said a patient needed something, and I clearly documented why, they got it. However, when I moved to New

York, I discovered that the pay scale for visits to doctors under Worker's Comp. Is so low, that I couldn't possibly make a living - or even break even- seeing only Worker's Comp. Patients. So I practice in Connecticut.

__________________________________________________ _____

Like most doctors, I will no longer accept WC cases. It is impossible to get paid, you have to deal with reckless and fraudulent "IME"s, and if you insist on providing proper care - resisting the insurer's demands, they will frequently go after your license by filing phony complaints to the Board of Medicine! Doctors who continue to work within the system can do so only by committing fraud or allowing themselves to become corrupted.

The entire system should be scrapped, and subsumed under a single payer health care plan. I personally would like to see insurance companies completely removed from health care, as they have an irresolvable and unavoidable conflict of interest. Insurance companies are about making money (they are actually in the money-lending business - insurance premiums are really just their way of raising capital and they hate paying benefits, which reduces the amount of money they have to lend.)

I have never met a worker who wanted to trade $25/hour for the $3 or $4/hour they get from workmen's compensation. Insurers to demonize workers so they can justify abusing them concoct the MYTH of the worker abusing the system. If anyone is a phony and a fraud, it is the insurers - projecting their larceny on to the workers.

The system destroy their finances and their credit, crushes their self-esteem and their belief in my profession, and often makes a temporary illness into a permanent one by denying adequate, timely and appropriate care. The only solution is to get insurance companies completely out of it. There is no legitimate or rational reason for treating the illnesses of injured workers any different from any patient's illness. It is a horrible anachronism. Get rid of it!!!