The Accidental Lawyer

Joe-"Breaking Down Voluntary Removal from the Labor Market"

Voluntary Removal from the Labor Market. What is it? Why is it so important? Why is it so tricky to navigate? This week’s episode of The Accidental Lawyer, Attorney Kate Kirsch takes us through Joe’s look for work and what is “required” by him presently. There are 3 elements he must do in order to continue receiving Worker’s Compensation benefits. Kate takes us through these 3 steps. They all take place simultaneously, and they all MUST be done exactly as stated or risk losing your benefits. It will be aggravating and be an inconvenient for sure, but all of them must be done. If you have recently been injured, or an injured worker going through the Workers Compensation system right now… download this episode for some very important and helpful information. Don’t risk losing your benefits! Host: Kate Kirsch Links: NY State Workers Compensation Board – Labor Market Attachment [http://www.wcb.ny.gov/labor-market-attachment/] Career One Stop Center [https://www.careeronestop.org/] New York State-VESID [http://www.acces.nysed.gov/vr] All About VESID [http://www.fcny.org/train/trainhtml/geninfo.htm]

George Floyd and Bias

With so much happening in the world right now Attorney Kate Kirsch, The Accidental Lawyer, takes a break from our story of Joe. You can’t turn on the TV, social media, or the internet without seeing the frustration with people over what happened to George Floyd in Minneapolis. Bias exists, whether or not we want to see it…or admit it. This week Kate exams such biases that exist in the New York Workers Compensation system. If we are finally going to address biases as an intelligent society, then let’s leave no stone unturned…including the New York Workers’ Compensation system. The system is flawed, it does have biases, and now is the time to act. This is an important episode whether you are somehow involved with the Workers Compensation system, or just someone going through the process yourself. It’s time to fix things. Host: Kate Kirsch Links: George Floyd [https://en.wikipedia.org/wiki/George_Floyd] NY State Workers’ Compensation Board [http://www.wcb.ny.gov/]

Joe-"Voluntary Removal From The Labor Market"

In this episode of The Accidental Lawyer, Joe attends another hearing. The judge quickly orders and sets another date for both sides to supply deposition transcripts from both Doctors to help the Judge determine the degree of disability, and to rule on Joe’s injured shoulder. Finally, Joe will get some answers in his case. Will this bode well for Joe though? Tune in and find out. Also, this week the carrier raises the issue of “Voluntary Removal from the Labor Market” to Joe. What does that mean? In short, Joe needs to get a job. What does that entail though? Attorney Kate Kirsch walks us through this and what your responsibilities are in seeking a job to maintain receiving Workers Compensation benefits. If you are going through this process right now, please download this week’s episode, listen, and learn. Pulled from The Accidental Lawyer’s email inbox this week, is a question from listener Nicki. Her mailman at her apartment complex keeps putting her mail in the wrong box, so she keeps missing her checks from the insurance company. Nicki wants to know if direct deposit is an option. Kate walks us though some options that “may” be available to Nicki or anyone currently receiving checks. Host: Kate Kirsch Links: NY State Workers Compensation Board – Labor Market Attachment [http://www.wcb.ny.gov/labor-market-attachment/] Career One Stop Center [https://www.careeronestop.org/]

Joe-"Virtual Hearing, Surgery, and another IME"

This week’s episode of The Accidental Lawyer takes us inside Joe’s second hearing, a “virtual hearing” at that. Especially with COVID-19 still hanging over us, these virtual hearings are becoming more of a presence in the legal process. Attorney Kate Kirsch walks us through the steps of Joe’s virtual hearing. We also learn about “why” each claimant must make an affirmation at every hearing. Important information to know! Not too long after, Joe finally receives the surgery he so desperately needs. Afterwards his Doctor found that he would be totally disabled for a minimum of three months. A letter arrives in the mail just a bit after from the insurance carrier requesting yet another Independent Medical Evaluation (IME) by their Doctor. Learning from his last IME, Joe takes greater caution not to make the mistakes he made at his last one. The report arrives not too long after the IME…does it contain more bad news for Joe? Download this week’s episode and find out. Mari emails The Accidental Lawyer this week with a question. Can she travel outside the country for an extended period of time to take care of her sick mother? Kate gives Mari important advice that anyone should heed if you are going through the Workers Compensation system. Host: Kate Kirsch Links: NY State Workers Compensation Board – Definitions [http://www.wcb.ny.gov/content/main/wclaws/300_1a.jsp] NY State Workers Compensation Board – Virtual Hearings Overview [http://www.wcb.ny.gov/virtual-hearings/]

Joe-"The IME Report Arrives"

On this week’s episode of The Accidental Lawyer, The IME report arrives from Joe’s visit to the carrier’s Doctor. Was this report good news for Joe, or bad news? Was his surgery approved? Why was his degree of disability completely different with this Doctor? What will happen with his shoulder injury? Attorney Kate Kirsch explains the report Joe receives and what are his options are now. But first, we learn about when payments are due after a notice of decision is issued. When you are owed money, you want to know “when” that money will arrive”. Kate explains the process and “when” the clock starts for those payments to be issued. Download this week’s episode and find out what happens to Joe. Can I go golfing?  Yes, that’s this week question from The Accidental Lawyer’s email. Listener John has been stuck inside due to COVID-19. As you may have heard, some States are opening up golf courses, including his, and he is itching to go. Find out Kate’s answer to John’s question, and a good rule of thumb you should ask yourself if you have questions about doing activities like this. Stay safe! Host: Kate Kirsch Links: NY State Workers Compensation Board – Understanding the Claims Process [http://www.wcb.ny.gov/content/main/onthejob/HowSystemWorks.jsp] NY State Workers Compensation Board - FAQ [http://www.wcb.ny.gov/content/main/onthejob/CommonQuestions.jsp] NY Times Article “Exams of Injured Workers Fuel Mutual Mistrust” [https://www.nytimes.com/2009/04/01/nyregion/01comp.html]