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Summer bee

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? NY
I was injured several years ago while at a part time job (back injury). Due to the injury I needed to find a less physical type of work. After several months I began working full time at a new sit down job. Great Job with better pay & terrific benefits.

Long story short, I ended up having major back surgery. Didn't help, in fact I now have additional problems that have rendered me totally disabiled.

I'm told that if the wcj agrees with my dr's (perm. total), I will only be entitled to comp pay based on the part time job at which I was injured at and not on the full time job I had after I was injured. Currently I've been receiving payment at a marked rating from that part time position.

Shouldn't the amount of compensation change to reflect my more recent earnings from the full time job that this injury has cost me?

While doing a little research I read something that stated to...see Sec.15 and Board Rule 300.28 (workmans compensation). I have not been able to find any info on this....Can you Help?

Thank you
 


JETX

Senior Member
Summer bee said:
Shouldn't the amount of compensation change to reflect my more recent earnings from the full time job that this injury has cost me?
No. The WC claim is processed based on the job and wages you had at the time of injury..... not at a subsequent, completely different job and wage.
 

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