What is Aggregate Trust Fund

[Bitzer]

I'm trying to file an appeal without much help from my attorney, but I received a Notice of Decision that has this Aggregate Trust Fund with a present value attached to it. With the check is to be drawn of the order of "State Insuranc Fund - Aggregate Trust Fund Account". The amount to be paid bi-weekly is a joke and I'm not getting any answers that I can understate anyone understate this or can direct me to a website that might help.

Thank You,
Lynda

[Tbackpain1]

Aggregate Trust Fund (ATF) A trust fund established in 1935, under NYS WC law § 27, entrusting New York State Insurance Fund (NYSIF) as the administrator for the Trust to assure payment of workers’ compensation in claims involving permanent partial disability, permanent total disability, the loss of major members (limbs or eyes) and fatal injuries.

In 2007 there was a change in NYS WC laws that state that the calculations of the present value of an award payable to the Aggregate Trust Fund must be based upon the industry standard interest rate. Also, If a carrier or self-insured fund fails to pay an award within 30 days after it is due, a certified copy of the award may be filed with the county clerk. Upon filing the award, it is entered as a judgment (appeals cannot be taken on these judgments).

I know you're trying to file without an attorney, but I would highly recommend you file your appeal with one, as the procedural pit-falls of our legal system with regard to workman's compensation could damage your attempts collect benefits and reduce any future awards.

Best of luck to you.
Theresa

[autumndaze]

So the only way the entire amount of the award comes due is if the insurer fails to pay the award 30 days after it is due? Is this why the WC law was changed? I have an attorney and have been awarded a very substantial amount that's been appealed. It will be paid it piddly sums on a monthly basis. Doesn't seem right to me! :confused::confused:

[zoonooz]

are you under New York state comp rules?
each state has different laws.