Thirteen self-insured employer group trusts are set to argue in court Friday they should not have to pay millions in New York State Workers' Compensation Board emergency assessments to pay for worker claims against self-insured trusts that have gone bust.

Richard Honen, an attorney with Phillips Lytle law firm--representing the group self-insured trusts that are fighting the assessments--said they are arguing the board lacks the authority to take such action.

Meanwhile, Art Wilcox, director of the New York AFL-CIO public employee division, said his organization intends to file a brief in support of the board because "if something isn't done soon, a host of folks might soon not get their benefits."

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