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State vacates judgement that man owed $168,000 in fines


Last Update: 11/02/2009 7:22 pm
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Syracuse (WSYR-TV) - The state workers compensation board says dozens of Syracuse-area business owners owe them fines for not offering the mandatory insurance. The list came out in June... And since then one business owner has been fighting the allegation – and he won.

The judgment has been vacated, and now the state says it's possible other people are not liable for the fines, either.

Imagine being told you owed $128,000, and while you were trying to resolve it, it was bumped up to 168,000. That is what happened to Bill Davis, whose body shop was shut down in 1995. Years later, Davis finds out there's a workers compensation judgment against him.

“Everyday I ran to the mailbox looking for the release… then I’m wondering, ok, are our bank accounts going to be attached?” said Bill Davis.

The board sent four notices, then it went to collections and then they filed judgment. They sent the letters to the old body shop on Hiawatha Blvd, which is owned and run by someone else now. All that mail got returned to them.

Joe Cavalcante said, “in this case, we're talking about a man who was out of business so long, attempts at finding him were fruitless.”

The workers comp board insists they are not trying to penalize business people. But that usually, business owners don't tie up loose ends when they close. Or they discard the notices.

“Instead of contacting the board directly. Once they provide a small amount of documentation, the business ends,” said Cavalcante.

In Davis' case, he did everything right when he closed the body shop - but for some reason, he ended up on the list.

“Nothing I did wrong, their total mistake. I'm thinking , how many other people out there going through the same thing?” said Davis.

The state acknowledges there is a chance other penalties are not correct. They wont get resolved, however, until other business owners are a vigilant as Davis was.

The state has a new system in place regarding notification from insurance carriers. This should reduce these sorts of incidents from occurring. If you think you've been falsely accused of owing the state for worker's compensation insurance, call an advocate at 1-800-628-3331.
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