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SLU Question - Math "help" New York

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  • SLU Question - Math "help" New York

    124 4/5 (40% SLU of Arm) * 400 (max benefit because my average weekly wage is over $600) =

    124.8 * 400 = $49,920

    wages paid to 2/27/2009 = $42,930

    $49,920 - $42,930 = underpaid $6,990

    So (minus attorney's fees, etc) if my math is correct they would owe me $6,990 in wages? Or have I don't this all wrong?

    I found the decision information through e-case and viewed it and that is where I got my SLU from...I viewed the schedule from the June 1996 Guidelines (as far as I know there is no newer version?)...and based my math on a previous C8 the carrier issued.

    I will be visiting my attorney tomorrow to speak with him - just trying to figure it out myself as well.

  • #2
    Excuse me, but what is SLU?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Originally posted by Pattymd View Post
      Excuse me, but what is SLU?
      Me too... haven't seen that one before.

      The (40% SLU of Arm) ... would indicate there is a work injury/WC claim here s/he is attempting to close out... but, it's confusing.


      • #4
        It looks like you are seeing an attorney today - if you don't come back with an answer to above question (what is SLU) before then, have your attorney answer your questions.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


        • #5
          SLU = Scheduled Loss of Use...essentially the percentage of the extremity/joint that is 'disabled'...their IME stated that I've lost 40% of the function in my left arm due to the injury incurred.

          I was unable to see my attorney today due to weather conditions, though I do have a message in.


          • #6
            Your scheduled loss provides for...
            275 weeks for loss of wage earning capacity of greater than 31% thru 40%
            Take the 275 weeks, X your rate, X the 40%. So, if your weekly rate were ie $400 X 275 X 40% = $44,000. That is the indemnity due for your SLU... A NY state permits for full lump sum payments on the indemnity in a claim, that is the amount minus AA/applicant atty fees, you are due. Medical should remain open based on necessity.

            The scheduled loss above is for injuries/DOI If the work related accident or date of disablement occurred on or after March 13, 2007, benefits are payable for a maximum number of weeks as determined by the claimant's loss of wage-earning capacity., your ''loss of wage earning capacity is the 40%. If you were 100% PPD to your arm, you would be eligible for the 275 weeks.

            I don't know what the other figures are you refer to in your calculations. And there are no deductions for 'wages paid' as you describe in your op. There is no compensation for lost wages in WC.

            Cash benefits in a WC injury/claim are described as
            Disability Classifications
            An injured worker's health care provider will determine the extent of the disability. Cash benefits are directly related to the following disability classifications:

            Temporary Total Disability
            The injured worker's wage-earning capacity is lost totally, but only on a temporary basis.
            Temporary Partial Disability
            The wage-earning capacity is lost only partially, and on a temporary basis.
            Permanent Total Disability
            The employee's wage-earning capacity is permanently and totally lost. There is no limit on the number of weeks payable. In certain instances, an employee may continue to engage in business or employment, if his/her wages, combined with the weekly benefit, do not exceed the maximums set by law.
            Permanent Partial Disability
            Part of the employee's wage-earning capacity has been permanently lost on the job. If the work related accident or date of disablement occurred before March 13, 2007, benefits are payable as long as the partial disability exists and results in wage loss, except for schedule loss of use. If there is no wage loss or reduced earnings as the result of the partial disability, only medical benefits are payable.
            Or, you could settle this claim by a Section 32 agreement.
            Section 32 Waiver Agreements
            These agreements are between the Claimant and the CarrierĀ¹. This agreement is not mandatory but is available under the NYS Workers' Compensation Law. It is a negotiation between you and the CarrierĀ¹ only. If agreed upon and approved by the Board, this case is closed forever. You can never reopen this case, the CarrierĀ¹ will no longer be responsible for any part of the claim, and you will receive no further income due to it. Before making the final decision to settle your case this way, it is suggested that you talk to your treating physician. Consider if you may need surgery and what the expenses will actually be (post op care, physical therapy, anesthesia, etc).

            On the other hand, under the 2007 Legislation, there is now a copy for the length of time you would be able to collect workers' compensation benefits if you are classified with a permanent partial disability. To find out what the length is, check out the Laws and Regulations. So a Section 32 Waiver Agreements may be in your best interest, but again it is suggested that you discuss this matter with your treating physician prior to making a final decision.
            Think very carefully before agreeing to a section 32. And be sure to discuss your FMC/future medical care needs. You are accepting FMC out of your pocket, so there should be some monetary consideration on the part of the carrier.

            There are more FAQ's for injured workers at the link I provided above.


            • #7
              Thank you.

              The figures I had were:

              124 4/5 (40% SLU of Arm) = number of weeks under Appendix II
              400 (maximum weekly benefit allowed by NYS, I thought; my average weekly wage was about $680)

              So I multiplied 124.8 (the number of weeks I thought I was eligible for) x 400 (maximum weekly benefit) and got


              they paid me (to date) $42,930 in reduced earning wages (evidenced by the carriers C8)

              So I subtracted the $42,930 from the $49,920 and got


              I was under the impression that the settlement awarded based on the PPD was the weeks x benefit - already paid in RE, etc...leaving the remaining "due" on the settlement of $6,990.

              We did explore Section 32, however I've declined it. My orthopedist has informed me that "it will never get better and I will likely need a future surgery" fact, I'm barely 2 years post-op and he's already recommending another one (that I've declined).

              I never did get a return phone call from my attorney's office and will be going in person tomorrow...I was hoping that I had my math right and would be receiving "something" (not to sound greedy) because of all of the hassle and issues we've had with the carrier and getting treatment, etc....let alone the fact that I'm "stuck" making 1/2 of what I did pre-injury and there is no consideration of that (I know the law is the law, but it still sucks.)


              • #8
                I was hoping that I had my math right and would be receiving "something" (not to sound greedy) because of all of the hassle and issues we've had with the carrier and getting treatment, etc....let alone the fact that I'm "stuck" making 1/2 of what I did pre-injury and there is no consideration of that (I know the law is the law, but it still sucks
                There is a hassle in treatment with WC claim. But, even though industrial injury/WC is no fault, the IW is still charged with proving there is entitlement to the benefits/treatment being requested. Namely, treatment.

                Without WC, which is a trade off to begin with.... there would be no wage loss benefits, no ER/IC paid medical treatment, and you would have to actually sue the ER, proving there was/is indeed ''fault'', you do that through an actual trial with a jury....with no guarantee of recovery. So you'd be paying for your treatment out of your own pocket to the level you could afford. Your own health coverage wouldn't pay because you are claiming you aren't at fault, thereby not liable.

       would doubtful find an atty to take your case on a contingency, so you would have to pay a retainer, court filing fees, deposition fees, expert witness, all the litigation costs the same as a personal injury claim. In the meantime, you run the risk of the ER going under/BK because another IW got in front of your trail and got their money.

                In WC awards/settlements you are paid for the % of permenant, partial disability/impairment due to the injury. While we may not like the system, or the money left at the end, the alternative isn't all that attractive either.

                So I subtracted the $42,930 from the $49,920 and got

                TTD/wage loss benefits are seperate from PPD indemnity, one is a benefit, the other an 'award'. There shouldn't be any reduction to the indemnity by subtracting the TTD you have been paid while 'disabled' and treating/recovering from the injury.


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