Workers Comp Help
Occupational Asthma From Exposure To Dust And Chemicals
I developed occupational asthma as a result of: reconstruction in our work area, chemicals, dust, fumes, etc, which eventually progressed to this total disability.
I have had over a year of hearings and had a settlement offered to me by NYSIF. The judge rendered a tentative decision, which NYSIF appealed because they questioned whether they were the insurance carrier at the time of the illness onset.
This appeal was filed after the hearing in which NYSIF offered a low settlement that couldn't meet the medical needs of this illness or be considered a reasonable legal compensation offer. The last I've heard from NYSIF is a letter stating I must be seen by the SAME IME that saw me in 07/01. The address this time is 67.5 miles away just outside of New York City. I live in eastern Suffolk county.
The 07/01 exam was within the same county I live in and 1/2 hour away as compared to over 1 1/2 hour away. I have not heard whether the appeal was denied or upheld. The letter says see the reverse side for my rights concerning IME exam and there is no reverse side. The illness has gotten progressively worse because I have run out of medications, stress, and the nature of the illness itself. I fought to keep my house while working only to lose it 12/01. I have been unable to work since 01/01 after working at the same job for almost 13 years.
I did not quit my job, I was forced into medical disability as a result of this illness. I was told by my union organizer that the hospital can't afford to settle my claim in my favor because others who have similar conditions will file claims. I understand the employer's situation, I also understand the numerous medications and severity of the life threatening disease I have developed working for that same employer.