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What is the plan of action for when the Workmen Comp caseworker fails to file the Notice of Decision from judge on time?

Albany, NY |

I have been approved by the Workmen comp judge for the settlement 32, no one backed out during the cooling off period and it has been over 30 days( 30 business days). However, the NY WC board hasn't filed it. In fact they have far exceeded the 6 days they tell us they require for the paperwork shuffle. When i called the contact number all they said is they are backlogged.
What is my course of action for my caseworker not filing my paperwork in a timely fashion. My lawyer is done with me.Its money in the bank for them and the insurance carrier can't issue a check without the required document being filed. Is it appropriate to call my WC caseworker's supervisor?

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Attorney answers 3


Your attorney is not paid until you are so I do not understand what you mean by " My lawyer is done with me". Certainly if the Ten Day cooling off period has run and no objections have been filed it is appropriate for you attorney to contact the Board to resolve the hold up.

Please remember the answer to this question is in general and without knowledge to the specific facts of your case. You should not rely on this answer when making important life decisions and seek a legal opinion based on your particular facts and circumstances.



Thank you. You just gave me the confidence to make that call. I know it will go straight to voice mail, but perhaps someone will get back to me. Thanks again


Dear Madam or Sir in Albany:

It's not money in the bank for your attorney. If you didn't get paid, neither did he.

The deadline for payment begins with the issuance of a C-23; if the payment is deemed late, there is a 20% penalty owing to you.

Tell your lawyer you did not receive the settlement check nor the Notice of Decision.

Good Luck

Leonard Feld

The foregoing is based on the little information provided; additional facts may change the comments given.


To answer your actual question, you can call the WC caseworker's supervisor. However, I also agree with the other attorneys who have answered. There are a few actions you can take to speed the process:
1. Call your attorneys and ask them to follow the issue until the Decision is filed. The fee they took from the settlement anticipates their action when delays like this occur.
2. Have your attorneys contact the claims representative at the insurance carrier or the third-party administrator. The carrier likely wants to close the matter, too, and can follow up with the Board.
3. File a RFA-1LC or write a letter to the Board requesting the Decision. The Board is supposed to respond in 30 days to all RFA applications.
4. Be "politely persistent," but give people at least 24 hours to respond. You want to be "the squeaky wheel" that can be quickly fixed but not the pain in the bottom that no one wants to help.

In short, everyone wants to close your claim. You just need to make contact with the most proactive person in the group so that the Decision is issued. :)

My response is general advice, not legal advice. It does not create an attorney-client relationship. Please contact your attorney for specific legal advice regarding your matter.

Leonard Bernard Feld

Leonard Bernard Feld


Do not call the Insurance Company at all. Have your attorney use his efforts to get the Notice of Decision issued. Let the Insurance Co. pay you late and your attorney can determine if you are entitled to a monetary 20% penalty. Leonard Feld