Section 32 Paper Work is Taking to Long for Me to Receive and Sign Off on

**norma** · 03-04-2012, 12:52 PM

I am from the state of N.Y. I agreed to a settlement back in december of 2011, I have not signed any section 32 papers as of yet. I called my attorney two weeks ago and he said that my former employers attorneys are still working on my paper work and that they should receive the paper work (agreement) for me to sign off on any day now. I did not think my case was all that difficult, i am not receiving ssd, medicaire or medicaid and i have not applied for any of those services. My diagnoses is sprains and strains to my back. My question is do they always take this long to draw up paper work, or are they looking to try and see if they can catch me doing something out side of my restrictions. When i went to pick up my meds earlier i felt like someone was watching me. The ins. co is still sending me my bi-weekly checks and they are even comming on time. My attorney told me that once i go to the section 32 hearing in front of alj and agree to the settlement that that will be the end of my bi-weekly checks.

**BvIA** · 03-05-2012, 03:29 AM

My attorney told me that once i go to the section 32 hearing in front of alj and agree to the settlement that that will be the end of my bi-weekly checks.

Section 32 is the same as a "compromise and release" in NY. Once you agree to the cash settlement, there won't be any additional benefits paid
Nothing you can do to expediate this... as long as you are receiving the benefits you are entitled to... those biweekly checks, and access to medical care, you are in no jeapordy.
This is a good time to be conducting a job search, if you haven't returned to work already.

**norma** · 03-05-2012, 08:05 AM

Thank you bvia for your help. Actually i have been doing a job search. what i would like to know is once my case is settled and after i have received my settlement, when should i accept a job, I read all the time about people being charged with workers comp fraud and i certainly don't want that. As of right now i have restrictions but my md believes after a couple of laser tx. i may be able to return to work without any restrictions.

**BvIA** · 03-05-2012, 08:55 AM

As of right now i have restrictions but my md believes after a couple of laser tx. i may be able to return to work without any restrictions.

You can take a job anytime... as long as the basic job functions are within your permanent restrictions.
There is nothing to say you cannot "recover" from your injury/restrictions over time.
You should accept a job anytime you are offered gainful employment. Even if you haven't rec'd the settlement check. Return to work is the basic goal in WC.

There is no way to determine what your recovery may be after additional treatment. Be aware though, once you take that check...you are paying out of your pocket for any further treatment to your injury, you cannot use your own health insurance, and your ER/IC will no longer be responsible for additional care.