A judge has ruled that New York officials must create a factual record of need before they levy a special assessment against employer groups that self insure for workers' compensation claims.
The finding Monday by Acting Supreme Court Justice Kimberly O'Connor in Albany comes in the dispute between the New York Workers Compensation Board and 13 group self-insured trusts that balked at paying an emergency assessment to pay claims against defaulted trusts.
According to the board, there are nine defaulted trusts, however, the judge raised a question about their level of insolvency.
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