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2 year old workers comp case still unresolved,Help!!

Shirley, NY |

I have been fighting Sentry Insurance Co. since 2009 for payment on a Workers comp. case.They accepted liability.then at the very last minute they denied that they was the right company then when came time to pay up on the last day they appealed .I recently won the appeal and was told they had 10 business days to pay .it is the 16th day and i was told on friday by the adjuster they were gonna mail payment today(Mon.) then today i was told they may appeal again.My lawyer never gives me a straight forward answer on any questions.he keeps saying the company are crooks that they do this all the time ,shouldnt he anticipate this. and its getting stressful.Can someone please give me advise about the right questions to ask,what i can do I dont want to be a pest but im pulling my hair out

Attorney Answers 4


  1. Best answer

    First things first - you are never a pest if you are trying to ask the right questions and boy can I agree that workers compensation is one of the most frustrating legal minefields to walk through.
    That being said there are the legal rules and the reality of a case. If you won your appeal then the insurance company must pay you within 10 days of the decision even if they are going to take the appeal to a higher level. If they don't lay you then there can be a penalty of 20% of the money owed on top of the money owed.
    Unfortunately the insurance company might not care too much and drag their feet like they already are doing. Eventually you will get paid. Good luck!


  2. I am sorry to hear about your situation. Because you have an attorney you really should try to get answers from him to your satisfaction. If you are not satisfied you should look for another attorney.

    I would be happy to speak with you about your case and help answer your questions. If you are interested, feel free to call. Additionally, we offer free consultations on the phone so you do not even have to leave your home to get help.

    I wish you the best of luck.

    Please remember that I do not normally monitor these questions after I have posted a reply.

    Hayley Greenberg
    Greenberg & Merola, LLP
    Attorneys at Law
    521 5th Ave. Ste. 1700
    New York, NY 10175
    (212) 593-6111, facsimile (516) 887-1720
    (Additional offices: Brooklyn, Queens, Long Island)
    www.GreenbergMerola.com


  3. I agree with my colleague Brian Mittman. At this point it appears that the adjuster is simply not caring enough to follow the law, which requires the carrier to pay within 10 days. You should ask your lawyer to request an immediate 20% penalty on the entire award for paying late. Good luck!

    Any answers to Avvo questions are for general public legal information and do not establish an attorney/client relationship with Troy Rosasco or his law firm. Individuals should always consult their own attorney on the specifics of their individual legal issues.


  4. Dear Madam or Sir in Shirley:

    Don't pull out your hair; it will frighten your relatives.

    Find the last Decision Notice from the Board; on the bottom right there is a "filing date". The Carrier has ten (10) days to pay from that date. You don't want to call the Carrier for two reasons (I know you already did).

    First, if they pay late, you are entitled to a 20% penalty; that can be a lot. When you get the check, save the envelope showing when it was sent and contact your attorney.

    Secondly, if they have already passed their deadline to pay, because of neglect, your call has woken them up and they may file an Appeal just to avoid a late payment. From that same date on the Decision, they have thirty (30 days to file an appeal.

    Both sides have a right of appeal, so you cannot take it personally. A responsible Carrier will not appeal just to avoid a late penalty. If they file a frivolous appeal they risk a different but very small penalty and unfortunately, there will be a delay.

    From your note, I am assuming the only issue is the question of correct Insurance Company. If that is the issue on appeal, your attorney should demand they make payment anyway "without prejudice to the identity of the correct Carrier, per W.C.L. §25-1(f).

    Good luck with your case.

    Leonard Feld