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NY WCB Bureaucracy Oversteps its Bounds Again and Threatens Injured Worker!


I am no longer amazed at the extent of bureaucratic incompetence I come across when dealing with the NY Workers Compensation Board. However, in my mail today I received a true slap in the face to an injured worker.

Here is the setup. The injured worker needs to, under certain circumstances, provide relevant information about past medical conditions to the insurance company. While the injured worker is obligated to be cooperative, based on certain factors I may or may not provide that cooperation unless the Insurance Company cooperates back (imagine, being forced to cooperate even as the carrier fights you on other issues, no way!)

In the attached documents that I have edited with comments and taken out appropriate private information the WCB examiner starts by telling the insurance company that they will "urge" the claimant and myself to cooperate, and if we dont then they will schedule a hearing. The letter to the claimant, however, is a clear threat that they (the WCB) commands the claimant to cooperate unless he wishes to have his "eligibility for continued benefits" to be challenged. Its even more interesting since my client was classified as a person with a permanent disability seven years ago!

I had to discuss this and warn people. Imagine if you were not represented. I expect a phone call in fact from my client about this very issue. This is not the place of the WCB, it is acting as an arm of the Insurance Industry! And people wonder why it is such a difficult system!