We represent the self-insured employer, Niskayuna Central School District, and its third-party administrator, Benetech, Inc., in the above reference matter. Please accept this letter as the self-insured employer’s appeal of a Supplemental Decision filed in this matter on 07/13/17, which directs a deposit into the Aggregate Trust Fund.
It is respectfully submitted that no deposit into the Aggregate Trust Fund is required of a self-insured employer under Section 27(2) of the Worker’s Compensation Law. At all times since the date of this accident the Niskayuna Central School District has been a self-insured employer and all payments have been made to the claimant by the self-insured employer through its third-party administrator.
BACKGROUND …show more content…
By Notice of Decision filed on 11/05/2012, the claimant was classified with a permanent partial disability under Section 15(3)(w) of the Workers’ Compensation Law. ????????? were made to the claimant at a 75% loss of wage-earning capacity, equal to 400 weeks of compensation payable at the classification rate of $138.02 (See document ID# 203881735).
The decision also contains a paragraph which directs “The carrier” to make a deposit into the Aggregate Trust Fund. A review of the PH-16.1P from the hearing of 10/31/2012, reveals that no such direction was discussed or indicated on the Judge’s note sheet (See document ID#203842932).
Subsequent to the classification there have been additional hearings held and awards have continued to the claimant (See Notice of Decision filed 09/11/12, document
It is respectfully submitted that no deposit into the Aggregate Trust Fund is required of a self-insured employer under Section 27(2) of the Worker’s Compensation Law. At all times since the date of this accident the Niskayuna Central School District has been a self-insured employer and all payments have been made to the claimant by the self-insured employer through its third-party administrator.
BACKGROUND …show more content…
By Notice of Decision filed on 11/05/2012, the claimant was classified with a permanent partial disability under Section 15(3)(w) of the Workers’ Compensation Law. ????????? were made to the claimant at a 75% loss of wage-earning capacity, equal to 400 weeks of compensation payable at the classification rate of $138.02 (See document ID# 203881735).
The decision also contains a paragraph which directs “The carrier” to make a deposit into the Aggregate Trust Fund. A review of the PH-16.1P from the hearing of 10/31/2012, reveals that no such direction was discussed or indicated on the Judge’s note sheet (See document ID#203842932).
Subsequent to the classification there have been additional hearings held and awards have continued to the claimant (See Notice of Decision filed 09/11/12, document