Legal Question in Workers Comp in New York

Two insurance carriers are fighting over me-neither one wants me.

While working for a skilled nursing facility I sustained a back injury. The insurance carrier for my employer paid for my therapy, etc.

That business was taken over by another health care corporation with its own carrier. I reinjured my back and required physical therapy, which the old carrier paid for.

When I began to have symptoms recently related to the back injury, I had another CT scan of my back which showed the same condition with little change. However, now the old carrier insists that this is a NEW injury, while the new carrier believes it is a recurrence of the old one. A hearing was held and the judge found that the old carrier was responsible. They appealed which took a year, and the decision was vacated without prejudice. Now I am waiting for another hearing. In the meantime, no PT will touch me, because they won't get paid, and my medical insurance will not pay, because it is a comp case. I contacted the comp ''guru'' here, and they weren't interested, probably because there was no money involved for them, just a principle. My question is, do I have any way at all of forcing one of the carriers to pay in a timely manner? I am caught in the middle and nobody cares. Thank you.


Asked on 7/03/01, 8:51 pm

1 Answer from Attorneys

Thomas Reilly Learned, Reilly & Learned

Re: Two insurance carriers are fighting over me-neither one wants me.

You are truly stuck. There is a rule that one carrier must pay at least until the issue is resolved. See if you can find an attorney that is in comp court all the time and they should be able to help you out even if they don't make any money.

Read more
Answered on 7/10/01, 8:29 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in New York