HAMBERGER & WEISS LLP & Weiss LLP attorney, Thomas Videon, secures Loss Transfer recovery plus 9% interest after filing Article 75 petition and enforcing arbitration decision against automobile carrier.

HAMBERGER & WEISS LLP & Weiss LLP attorney, Thomas Videon, secures Loss Transfer recovery plus 9% interest after filing Article 75 petition and enforcing arbitration decision against automobile carrier.

Claimant was injured in a motor vehicle accident in the course of employment. The case qualified for Loss Transfer pursuant to section 5105 of the New York Insurance Law. Loss Transfer allows the workers’ compensation carrier to recover up to the first $50,000.00 in payments made in lieu of first party benefits (lost wages and medical payments) from the automobile carrier for the negligent party. Hamberger & Weiss LLP filed for Loss Transfer arbitration against the automobile carrier for the defendant as the automobile carrier would not voluntarily pay the claim for $32,550.90. Despite an arbitration decision awarding a full recovery to our client, the automobile carrier still would not pay the award.

Thomas filed an article 75 petitions in Supreme Court, New York County to enforce the arbitration decision against the automobile carrier. He successfully obtained an Order confirming the arbitration award and directing the automobile carrier to pay the Loss Transfer sum of $32,550.90 plus $3,435.78 in interest. After serving the order and decision upon the automobile carrier, the award was finally paid, plus interest.

Unfortunately, there are many occasions where the automobile carrier for a defendant will not voluntarily reimburse the WC employer or carrier. In those cases, an arbitration proceeding must be brought before Arbitration Forums, Inc. In most cases, the automobile carrier will pay the award after an arbitration decision is filed. Sometimes, however, the automobile carrier still refuses to pay the decision. In those instances, an article 75 petition must be brought to confirm the arbitration award, enforce the decision and pursue the recovery against the automobile carrier.

For any assistance with your Loss Transfer claims, do not hesitate to contact Hamberger & Weiss LLP. 👨‍💼💼🏢

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