Legal Question in Workers Comp in New York

WC -Can Insurance company change amount of benefits without notice?

I have been on WC(In NY)for over 2 years,with no problems until now.

My benefits have been the same amount(pay rate 244)for the entire time(Im TTD) until this week,they changed my pay rate to 80 and I am not sure why?

I see a Chiro 2 times a week,and a Physiatrist once a month,along with just having had a spinal fusion the end of Feb(second surgery)So nothing has changed except maybe I am worse.

Can they just change my pay without a judgement or cause?


Asked on 9/22/08, 7:26 am

2 Answers from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: WC -Can Insurance company change amount of benefits without notice?

If you had a hearing and the judge directed payments at a certain rate (ccp @ $244) then the answer is no. If you have never had a hearing then the carrier can make voluntary payments, which they can change at whim. However there is usually a reason for changing the payments has the insurance company's doctor examined you? Is your chiro giving you a partial disability? These factors could be the cuase of your problems. I would get an attorney asap if I were you.

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Answered on 9/22/08, 7:55 am
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: WC -Can Insurance company change amount of benefits without notice?

If you are in the ny metro area please contact me and let's discuss your case.

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Answered on 9/22/08, 8:02 am


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