Bart
Junior Member
Posts: 2
Joined: Jul 2006
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Wednesday July 19, 2006 1:12 PM
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Don't work and get hurt in New York. The Workers' Comp system in New York is inbred with Law Firms representing both the carriers and claimants. The WCB Law Judges believe almost everything that the attorneys for the carrier say. I was hurt at work in 2002 and still don't have a disability rating. I am posting this in the Califonia forum because the resposnses I've seen here approach the letter of the Law closely. New York Workers' Comp Board only enforces the Law against the claimants. The carriers and employers can fail to file an accident report or fail to file forms requested by the WCB with impunity. The New York WCB won't investigate fraud against the carriers.
I injured my back and neck at work on January 25, 2002. I initially lost 3 days of work. I was eventually placed on total disability for 9 weeks and had over 100 hours of intermittent lost time between January 25, 2002 and October 10, 2002 when my employment was terminated. I could not work after October 10, 2002 due to my back and neck injury and was unemployed through to and beyond my first hearing on January 31, 2003. This is documented by a CORRECTED C-4" that was entered into my case file over one year later.
There was a fraudulent C-4 medical report placed into my case file by the carrier on January 24, 2003. Five documents were entered into my case file that day to be used as evidence by the carrier in preparation for my first hearing on January 31, 2003. One of those documents was this C-4 medical report purported to be signed by my doctor Mark Sterling on January 21, 2003.
I made a copy of this C-4 report in February of 2004 and showed it to my doctor. He said that he did not sign or send this C-4 report to the WCB in 2003. He immediately had a corrected C-4 report sent to the WCB by his attorney on February 27, 2004. (The fraudulent C-4 report was removed from my case file sometime after my doctor made a corrected C-4 report in 2004).
The fraudulent C-4 report said that I was currently working, not disabled and could perform any type of work full duty, meaning no restrictions. I did not know about this report at my first hearing. This Fraudulent C-4 report was presented to the WC Law Judge, without my knowledge, at my first hearing during off the record discussion.
The corrected C-4 report made by my doctor on February 27. 2004 states the opposite. The corrected C-4 report states that I was not working at the time the original report was purportedly made. It further states that I was disabled, that my disability was total, that I could not perform any type of work at that time and that I was still in treatment.
The fraudulent C-4 report was re-entered into my case file by the WC Law Judge at a hearing on August 25, 2004. This fraudulent C-4 report was used to deny me benefits. The WC Law Judge refused to decide if this fraudulent C-4 medical report was actually fraudulent.
I am only covered for care as necessary to my lumbar area. The Law Judge in my case has refused to let my doctor testify about my need for cervical and lumbar surgery, has denied me benefits from Oct. 2002, I have never received a disability rating and the WCB Appeals Panel refuses to review my complaint. I requested a full Board Panel review on Feb. 3, 2006 that was just denied on July 17, 2006.
I can't find a lawyer to take my case. Please send replies to me at: bgr20031949@hotmail.com.
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