New York Worker's Compensation - Help For Injured New York Workers

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  1. #1
    Join Date
    Feb 2008

    Default 25A Liability

    Hi, just found this site. I have been on WC since 1995. I am also on SSD as Social security felt I was permanently disabled. My former employers insurance has tried to buy me out a number of times but with offers that were much too low. Today I received a letter from Workers Comp Board saying there is a hearing 10 days from now regarding "a question of 25A liability". Does anyone know what this is? I got this on a Saturday so I can get in touch with the law firm that assisted me in 1995. I am now living in South Carolina. It will be a time and financial hardship to travel to NY for this hearing. I am confused and anxious. Will appreciate any input.

  2. #2
    Join Date
    Feb 2008

    Default 25A Liability Question

    After being on WC since 1995, today (2/2, a Saturday) I get a letter from the NYS Worker's Comp Bd that a hearing has been set for 2/12 regarding "a question of 25A Liability". I have no idea what this is despite searching online (including here). Does anyone know what this is? I can't get a hold of the law firm that assisted me until Monday at the earliest and this has made me quite anxious and concerned for my future. Also to travel to NY ( I now live in South Carolina would be a hardship. My former employer's carrier has tried to buy me out with offers that were too low to accept.
    I did post this on the NY site but being new to this board, and very nervous, I also posted here. If this is a faux pas, I am sorry. I would appreciate any input that was offered.
    Thanks, Larry

  3. #3
    Join Date
    Feb 2007

    Default Re: 25A Liability Question

    I appears NY WCL (Workers Compensation Law) is 'difficult' to do a search on.

    Here is what I could find regarding 'section 25', and it has to do with expediated hearings as follows...

    ''Chapter 924 of the Laws of 1990 created Section 25 (3)(d) of the Workers' Compensation Law to establish the concept of special parts for expedited hearings. Under this legislation, any claim in which the issues had not been resolved within two (2) years after being raised before the Board, could be transferred by the WC Law Judge (or upon the motion of one of the parties) to a Special Part for Expedited Hearings. ''

    Here is what's available on NY WCL...

    Was your case ever resolved...either by a Stipulated Award, or through a judges order...?

    What benefits do you continue to receive..?

    As to your travel 'hardship', the ER/IC has no liabiltiy to assist you in litigating your travel expense/mileage/per diem...
    But what you could do, is contact the court handling your case, talk to someone there and explain your situation. There are times that 'informal' hearings can be done by 'conference call' between you the judge and the IC/DA...
    It's worth a shot. Did you not have an attoreny representing you in your case..?

  4. #4
    Join Date
    Feb 2008

    Default Re: 25A Liability Question

    Hi, thanks for the response. I am getting weekly checks. It was resolved and I was considered permanently (not sure if it is total or partial) disabled. I also received SSD and considered permanently disabled. The notice for the hearing clearly stated it is a question of 25A liability. What I was able to get was that 25A was about seeking relief but not sure what relief they are looking for. As I said, i have refused settlement offers. I have not worked since 1995. I did have a firm representing me and I will be calling them after the weekend. I am anxious and also want to know something about this before i ytalk to the attorneys as it is a large WC firm and I am a very small fish.
    Last edited by childsuccess; 02-02-2008 at 11:55 AM. Reason: Needed to add info

  5. #5
    Join Date
    Feb 2007
    Western New York State

    Exclamation Re: 25A Liability Question

    Hi. I'm from NYS and will Post in the NY forum too.
    Don't worry as this pertains to what is known as special funds, basically its an insurance company for the insurance company! I've placed the web site and their laws (including section 25A) as follows:
    Good luck!

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