Legal Question in Workers Comp in New York

I am signing papers for a section 32 settlement, how long does it take to get a hearing after papers are signed ??

After the hearing how long does it take to receive a check ??


Asked on 2/04/10, 8:33 pm

1 Answer from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

It takes a long, long, long, long time. Although, Section 32's are supposed to be approved within 10 days this is never the case. Section 32 while the best way to resolve cases by far for all parties are reviewed very closely because of many instances of fraud or misunderstanding on the part of the claimant.

The reason is that the Commissioner (or Law Judge) has to make sure that this is a fair and equitable settlement. Also, the Commissioner loves to bounce the Section 32's for a myriad of reasons such as: the claimant is too young, the medicare set aside should've been taken out, the C-32 forms were not sent in triplicates, the C-32.1 form was not notarized, the C-32.1 form did not have an original signature (or if it did they lost it), the Commissioner is busy, etc.

Don't hold your breath and be very patient. Understand that this is the way workers' compensation works and there is nothing you or your attorney can do about it.

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Answered on 2/10/10, 6:14 am


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