December 31, 2015

COMMENTARY: A few thoughts as the year ends and some suggesions for next year.

DECISIONS: There are no decisions from the Third Department this week but seven new cases have been added to the Third Department's January hearing calendar.



Contact The Insider at:    TheInsider@InsideWorkersCompNY.com                                                                         212-734-9450



A Treasure or A Trap?

What’s A Fair Settlement? $1 to $10 Million?

This 158-page book covers everything injured workers want to know about accepting or rejecting a New York State Workers Compensation §32 settlement, to answer the hundreds of questions I have received while holding settlement hearings as a Commissioner at the Board and at my website since I left the Board in 2008.

I was a Commissioner at the Board when §32 settlement first started to appear in 1997. During that time, I personally had hearings with more than 6,000 claimants, keeping detailed notes in my own custom database, on every settlement, whether they were approved, adjourned, and rejected as well as every question and concern brought to my attention by the injured workers and their families.

With injured worker settlements ranging from their returning $47,000 to receiving in excess of $9,000,000 and some with no money being exchanged, many questions remain unanswered for injured workers seeking to close out their claims with a settlement. For example:

  • What is a fair offer for an injured worker to settle their worker’s compensation claim? $100 or $20,000 or $150,000 or $1 Million?
  • Can the insurance company be forced to settle?
  • Can the claimant be forced to take a settlement?
  • Will their private health insurance or Medicare pay for future medical expenses?
  • Do they need an attorney? And, if so, what is a fair fee?
  • What will happen if they decide to reject the settlement?
  • What happens to medical bills still unpaid after the settlement?
  • Can the insurance company be forced to settle?
  • Can the employer interfere with or stop the settlement? Can anyone else?

For those who think that the understanding of the Section 32 is relatively simple, one would have a difficult time explaining the carrier's position in The Matter of Coleman v Compass Group Chartwells. After their demand that the claimant proceed with a §32 settlement was denied by the Workers Compensation Board, but the carrier appealed to the NYS Appellate Court, Third Department which affirmed Bord's decision that the claimant had the right to reject a proposed settlement even at the last minute (in this case at a second hearing before an Administrative Law Judge). And Compass' motion to appeal to the Court of Appeals was denied (October 10, 2013). 

There are many other concerns and questions that are raised by claimants and their families, and employers, when considering Section 32's and this book addresses most of them.

This 158-page book consists of 15 chapters, detailed here.

Individual copies can be purchased on-line directly for $16.95 pus S&H from CreateSpace, a division of Amazon.

For distribution to injured workers and their families, there are quantity discounts and custom imprinting. Details are in the table on the right or you can contact:



Save time (and therefore money) by using your customized copy of this book to answer most of your clients questions about §32's. Your name can be printed on the cover and inside pages can tell the story of your firm. See CUSTOM COVER & INTERIOR below.

§32 Book Cover

Click here to see the

Table of Contents

       Individual Copies
Individual copies of this book can be purchased on-line from CreateSpace, a division of Amazon, for $16.95 plus sales tax and shipping.

       Quantity Discounts
The following quantity prices include regular shipping. 

   5- 9 copies.. $14.00 each
  10-19 copies. $13.00 each
  20-39 copies. $12.50 each
  40 or more….. $12.00 each

   Custom Cover & Interior   

   40 or more….. $12.50 each

Customizing includes:

♦ Your 2-page black and white insert, such as a company ad which will be placed after the Acknowledgment page and before the Table of Contents.

♦ Your name on the front cover (two lines maximum)

♦ Maximum copy size is 5½” by 8½”, 200-400 DPI, and be supplied a JPG, JPEG, or PDF.

♦ Shipping of the first order is approximately three weeks after your approval of final cover and interior layout.

For more information: