I attended a Section 32 settlement hearing on your behalf in the above-referenced matter before Judge Fennelly in Plattsburgh, New York on 05/25/17. The claimant was present by phone and was represented by attorney Genelle Bayer. Sean Nicolette was present for Liberty Mutual in the companion file WCB# 50312053 with date of accident 08/21/2003.

As you know, your 07/13/2012 case is established for the low back with an average weekly wage $273.38. The case has been traveling with a Liberty Mutual file with date of accident of 08/21/2003. That case is established for the lower back and the upper back. At the present time payments are bing made to the claimant at $136.39 TP subject to a tentative apportionment of one half to your file and one …show more content…
Whereas, Charter Oak will pay the twenty (20) annual payments to the claimant of $7,708.00 to cover ongoing medical expenses.

The agreement represents a full and final settlement of all outstanding issues.

I note that before the hearing began, the Judge raised a question about the attorney fees. He noted the claimant’s attorney were requesting a 20% fee which he thought was a bit high. In an off the record discussion with Ms. Bayer, he felt a significant fee was appropriate but he thought 20% was too high and he indicated a willingness to award $7,000.00. Ms. Bayer voluntarily reduced to the fee to $7,000.00. Please note this is a change from the written agreement which calls for a fee of …show more content…
Your share of the indemnity portion of the case is $28,895.00 and with a reduced attorney fee to $7,000.00 your net payment to the claimant will be $21,895.00.

Please note the claimant has recently changed his address. I confirmed with the Judge the Board has his new address and the claimant himself confirmed it in his testimony. His correct and accurate address is 307 North Street, Apartment 126, Buffalo, NY 14201. This is the address he would like his check to be sent and that is now the address noted by the Board. Please be sure to send the claimant’s check to that address.

The Judge swore the claimant in and questioned him regarding the agreement. He confirmed that he had the document before him and he confirmed that he had signed the document. He said he had gone over it with his attorney and he understood the terms and conditions of the agreement. The Judge went over the terms as well as the reduction in the attorney fee and he was agreeable with all of that.

The Judge then asked him the ususal questions contained in the C-32.1 form. He satisfactorily answered all those questions and he was consistent with his answers there were on the C-32.1